IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(C).No. 331 of 2010()
1. ARYA SUGUNAN, AGED 31, D/O.PRASANNA
... Petitioner
Vs
1. AJAYANATH, AGED 33 YEARS, S/O.SUSEELAN,
... Respondent
For Petitioner :SRI.R.SURAJ KUMAR
For Respondent :SRI.RAM MOHAN.G.
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :15/12/2010
O R D E R
THOMAS P.JOSEPH, J.
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Tr.P(C) NO.331 of 2010
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Dated this the 15th day of December, 2010
O R D E R
This petition is filed by the wife seeking transfer of O.P.
No.1086 of 2010 from Family Court, Thiruvananthapuram to Family
Court, Kollam. That is a petition filed by the respondent for a
declaration that marriage between himself and petitioner is null
and void on the allegation that petitioner is mentally ill. Petitioner
states that she is a resident of Sakthikulangara and that she has
to travel a long distance of about 90 kms to Family Court,
Thiruvananthapuram to contest the case. It is also stated that
petitioner’s father is a cancer patient, her mother is bed-ridden
and that there is nobody to accompany her to attend Family
Court, Thiruvananthapuram to contest the case. In the meantime
petitioner has filed O.P. No.1363 of 2010 in Family Court, Kollam
claiming return of gold ornaments and other articles from the
respondent.
2. Learned counsel for respondent while denying various
allegations made against respondent in the petition for transfer
stated that respondent has no serious objection in transferring the
Tr.P(C) No.331 of 2010
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case to Family Court, Kollam.
3. So far as the request for transfer is concerned it is not
necessary to go into the truth of allegations and counter
allegations made by parties as to the circumstances leading to
the respondent filing O.P. No.1086 of 2010. That is a matter to
be decided by the appropriate court dealing with that petition.
Considering the inconvenience of petitioner as stated above and
taking into account the fact that request for transfer is not
opposed I am inclined to allow the request for transfer.
Resultantly, petition is allowed in the following lines:
(i) O.P.No.1086 of 2010 pending in Family
Court, Thiruvananthapuram is withdrawn from that
court and made over to Family Court, Kollam.
(ii) The transferor court while transmitting
records of the case to the transferee court shall fix
the date for appearance of parties in the transferee
court with due intimation to the counsel on both
sides.
Tr.P(C) No.331 of 2010
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(iii) Family Court, Kollam shall ensure that
O.P. No.1086 of 2010 (transferred to that court) and
O.P. No.1363 of 2010 (pending in that court) are
posted as far as possible on the same dates.
(iv) It is made clear that except when
physical presence of respondent in the transferee
court is necessary he can appear through counsel.
THOMAS P. JOSEPH, JUDGE.
vsv