Sasidharan Pillai v. Bindu Sukumara Pillai
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 19TH DAY OF JUNE 2015/29TH JYAISHTA, 1937 Tr.P(C).No. 593 of 2014 -------------------------------- OP 208/2014 OF FAMILY COURT, MUVATTUPUZHA ......
PETITIONER(S):
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1. SASIDHARAN PILLAI, AGED 75 YEARS, RESIDING AT KARIKKATHIL HOUSE, ERAM SOUTH CHATHANNOOR P.O., KOLLAM-691 572.
2. RAGNIAMMA, AGED 65 YEARS, WIFE OF SASIDHARAN PILLAI, KARIKKATHIL HOUSE, ERAM SOUTH CHATHANNOOR P.O., KOLLAM, PIN - 691 572. BY ADVS.SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA) RESPONDENT(S):
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1. BINDU SUKUMARA PILLAI, AGED 36 YEARS, DAUGHTER OF LATE SUKUMARA PILLAI, RESIDING AT SASTHAKUNNU, PERUMBALLOOR, MUVATTUPUZHA, ERNAKULAM, PIN - 686 673.
2. SHINU KUMAR S PILLAI, AGED 30 YEARS, SON OF SASIDHARAN PILLAI, KARIKKATHIL HOUSE, ERAM SOUTH, CHATHANNOOR P.O., KOLLAM, PIN - 691 572.
R1 BY ADVS. SRI.M.M.MONAYE SRI.M.PAUL VARGHESE THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/
Tr.P(C).No. 593 of 2014 -------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:
ANNEXURE A1: A TRUE COPY OF THE ORIGINAL PETITION IN OP.NO.208 OF 2014 ON THE FILE OF THE FAMILY COURT, MUVATTUPUZHA FILED BY THE FIRST RESPONDENT.
ANNEXURE A2: A TRUE COPY OF THE LEGAL NOTICE DTD.23.7.2014 ISSUED ON BEHALF OF THE PETITIONERS TO THE FIRST RESPONDENT. ANNEXURE A3: A TRUE COPY OF THE CERTIFICATE DTD.21.10.2014 ISSUED BY DR.K.UNNIKRISHNAN TO THE FIRST PETITIONER.
ANNEXURE A4: A TRUE COPY OF THE CERTIFICATE DTD.21.10.2014 ISSUED BY DR.K.UNNIKRISHNAN TO THE SECOND PETITIONER.
RESPONDENT(S)' ANNEXURES:
NIL //TRUE COPY// P.S.TO JUDGE Msv/
B.KEMAL PASHA, J.
................................................................ Tr.P.(C) No.593 of 2014 ............................................................... Dated this the 19th day of June, 2015
O R D E R
Petitioners, who are father-in-law and mother-in-law respectively of the first respondent herein, are seeking the transfer of OP 208/2014 pending before the Family Court, Muvattupuzha to the Family Court, Kollam. According to them, on account of their old age, they find it very difficult to travel all the way from Kollam to Muvattupuzha for attending the case. The 2nd respondent herein is the husband of the first respondent.
2.
Heard learned counsel for the petitioners and the learned counsel for the first respondent.
3.
It has come out that the 2nd respondent is working
Tr.P.(C) 593 of 2014 -: 2 :- abroad and he has been attending the cases. In such circumstances this Transfer Petition can be disposed of by directing the Family Court, Muvattupuzha not to insist the personal appearance of petitioners 1 and 2 on all posting dates of the case, other than the posting dates on which their personal appearance is required. Considering the facts and circumstances of this case, this Court is of the view that it is not just and convenient in the interest of justice to effect a transfer as prayed for.
In the result, this Transfer Petition is disposed of with the aforesaid observations.
Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge