P.Lakshmi v. Anju Thampi

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 16TH DAY OF JULY 2015/25TH ASHADHA, 1937 Tr.P(C).No. 167 of 2014 ----------------------------------- TO TRANSFER O.P.NO.97/2014 OF FAMILY COURT, ALAPPUZHA TO FAMILY COURT, THIRUVANANTHAPURAM ----------------------- PETITIONER(S)/RESPONDENT IN O.P.NO.97/2014 :

-------------------------------------------------------------------------- P.LAKSHMI, AGED 61 YEARS, W/O.LATE KANNAN, SIVASAKTHI HOUSE, T.C.NO.24/904, METTUKADA ROAD, THYCAUD P.O., THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S)/PETITIONERS IN O.P.NO.97/2014 : ----------------------------------------------------------------------------

1. ANJU THAMPI, AGED 29 YEARS, W/O.LATE GOWRI SANKAR, ADITHYANPARAMBIL HOUSE, ALLEPPEY WEST VILLAGE, KUTHIRAPANTHY WARD, ALAPPUZHA.

2. T.P.THAMPI, AGED 67 YEARS, S/O.PARAMESWARAN, ADITHYANPARAMBIL HOUSE, ALLEPPEY WEST VILLAGE, KUTHIRAPANTHY WARD, ALAPPUZHA. BY ADVS. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN SMT.T.J.SEEMA THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

Tr.P(C).No. 167 of 2014 ----------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :

ANNEXURE I:

THE TRUE COPY OF PETITION DATED 21.02.2014 IN O.P.NO.97/2014 BEFORE FAMILY COURT, ALAPPUZHA. ANNEXURE II:

THE TRUE COPY OF REPLY DATED 18.10.2013 BY THE PETITIONER.

ANNEXURE III:

THE TRUE COPY OF MEDICAL CERTIFICATE DATED 10.03.2014.

RESPONDENT(S)' ANNEXURES :

NIL //TRUE COPY// P.S.TO JUDGE.

Msd.

B. KEMAL PASHA, J.

................................................................ Tr.P.(C) No.167 of 2014 ............................................................... Dated this the 16th day of July, 2015

O R D E R

The petitioner is seeking the transfer of OP 97/2014 filed by the respondent herein pending before the Family Court, Atlappuzha to the Family Court, Thiruvananthapuram. According to the petitioner, she is a 61 year old woman suffering from various ailments and she finds it difficult to travel all the way from Thiruvananthapuram to Alappuzha to attend the case. The first respondent is the daughter-in-law and the 2nd respondent is the father of the first respondent. The husband of the first respondent, who is the son of the petitioner is no more. The OP is filed by the first respondent seeking return of her gold ornaments, money etc.

O.P.(C) 167 of 2014 -: 2 :- 2.

Heard learned counsel for the petitioner and the learned counsel for the respondents.

3.

The younger daughter of the petitioner is residing at Kollam and therefore, the petitioner can stay at Kollam for defending the case. The 2nd respondent is also a 67 year old man. The first respondent is a young lady. On hearing either side and considering the facts and circumstances of this case, this Court is satisfied that the matter can be transferred to a court situated in the midway. Accordingly OP 97 of 2014 pending before the Family Court, Alappuzha can be transferred to the Family Court, Kollam. In the result, this Transfer Petition is allowed and OP 97 of 2014 pending before the Family Court, Alappuzha is transferred to the Family Court, Kollam.

Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge