High Court of KeralaTr.P(C)/142/2015allowed

Dr.Shammy Sreenivasan v. Kumari Jyothi

2015-06-08Honourable Mr. Justice B.Kemal Pasha5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 8TH DAY OF JUNE 2015/18TH JYAISHTA, 1937 Tr.P(C).No. 142 of 2015 () --------------------------- TRANSFER OP NO.1205/2014 OF FAMILY COURT, NEDUMANGAD TO FAMILY COURT, THIRUVANANTHAPURAM.

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PETITIONER(S):

-------------------------- DR.SHAMMY SREENIVASAN, AGED 41 YEARS, S/O.N. SREENIVASAN, SUNHESSONIT, VILLA NO.10, SUM HOME PVT. LTD., BABUJI NAGAR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM - 695 011. BY ADVS.SRI.N.R.SURESH KUMAR, SRI.J.JAYAKUMAR, SRI.MUHAMMED JALALUDEEN.

RESPONDENT(S):

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1. KUMARI JYOTHI, AGED 41 YEARS, D/O.BABY SIVADASAN, JYOTHI NILAYAM, MELATTUMOOZHI, VAMANAPURAM P.O., THIRUVANANTHAPURAM - 695 606.

2. MANASSA SHAMMI (MINOR), AGED 12 YEARS, JYOTHI NILAYAM, MELATTUMOOZHI, VAMANAPURAM P.O., THIRUVANANTHAPURAM - 695 606.

(REPRESENTED BY 1ST RESPONDENT MOTHER).

BY ADV. SRI.SANU.S.PANICKER.

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-06-2015, ALONG WITH TR.P(C).NO. 143 OF 2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

Tr.P(C).No. 142 of 2015 APPENDIX PETITIONERS' ANNEXURES:

ANNEXURE A1 COPY OF THE OP NO.1205/2014 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, NEDUMANGAD. ANNEXURE A2 COPY OF THE M.C. NO.53/2014 FILED BY THE RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, THIRUVANANTHAPURAM.

ANNEXURE A3 COPY OF THE OP. NO.1798/2014 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM.

ANNEXURE A4 COPY OF THE ORDER DATED 05/01/2015 IN CMP NO.10682/2014 IN M.C. NO.53/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, THIRUVANANTHAPURAM.

ANNEXURE A5 COPY OF THE ORDER DATED 29/01/2015 IN CRL.MP. NO.76/2015 IN CRL.APPEAL NO.11/2015 OF SESSIONS COURT, THIRUVANANTHAPURAM.

ANNEXURE A6 COPY OF THE CRL.MP. NO.76/2015 FILED BY THE RESPONDENT IN CRL.APPEAL NO.11/2015 BEFORE SESSIONS COURT, THIRUVANANTHAPURAM.

RESPONDENTS' ANNEXURES:

NIL.

//TRUE COPY// P.A. TO JUDGE rs.

B.KEMAL PASHA, J.

==================== Tr.P.(C). Nos.142 & 143 of 2015 ===================== Dated this the 8th day of June, 2015

O R D E R

Tr.P.(C) No.142 of 2015 has been filed by the husband against his wife and daughter. Tr.P.(C) No.143 of 2015 has been filed by the husband against his wife. Tr.P.(C) No.142 of 2015 has been filed seeking the transfer O.P.No.1205 of 2014 pending before the Family Court, Nedumangad to the Family Court, Thiruvananthapuram. Tr.P.(C) No.143 of 2014 has been filed seeking the transfer of O.P.(HMA) No.92 of 2015 pending before the Family Court, Nedumangad to the Family Court, Thiruvananthapurm.

2. According to the petitioner, he has filed Divorce O.P.No.1798 of 2014 before the Family Court, Thiruvananthapuram; where, it is still pending adjudication.

Tr.P.(C).Nos.142 & 143 of 2015 -: 2 :- It is the case of the petitioner that the petitioner is a practicing Doctor at Thiruvananthapurm and he has got a clinic there. He has averred that the 1st respondent in Tr.P. (C) No.142 is also working at Thiruvananthapuram and that she has filed cases alleging violations of the provisions of the Protection of Women from Domestic Violence Act before the Additional Chief Judicial Magistrate's Court, Thiruvananthapuram as well as the Judicial First Class Magistrate's Court-I, Thiruvananthapuram. The petitioner has sought for the transfer of said Original Petitions from the Family Court, Nedumangad to the Family Court, Thiruvananthapuram.

3. Notice has been served on the respondents. There is no representation for the respondents.

4. On going through the contents of both the Transfer Petitions (Civil) and the records, it seems that it is just and convenient in the interest of justice to transfer O.P.No.1205 of 2014 and O.P.(HMA) No.92 of 2015 of the Family Court

Tr.P.(C).Nos.142 & 143 of 2015 -: 3 :- Nedumangad to the Family Court, Thiruvananthapuram. In the result, these Transfer Petitions (Civil) are allowed and O.P.No.1205 of 2014 and O.P.(HMA) No.92 of 2015 of the Family Court Nedumangad are transferred to the Family Court, Thiruvananthapuram.

Sd/- B.KEMAL PASHA JUDGE DSV/8/6/15