IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE SATHISH NINAN

TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

Tr.P(C).No.489 OF 2020

TO TRANSFER OP 1329/2020 OF FAMILY COURT,THIRUVANANTHAPURAM TO FAMILY COURT, CHAVARA

----------

PETITIONER/RESPONDENT:

SRUTHY S. AGED 33 YEARS S/O.SASIDHARAN PILLAI, KEECHERIL THEKKETHIL HOUSE, ULIYAKOVIL, KOLLAM - 691 091.

BY ADVS. SRI.T.I.UNNIRAJA SRI.S.G.SREEKANTH SRI.S.BADUSHA SHRI.VISHNU S. SHRI.SREEJITH S. SHRI.JOEL ANTONY GEORGE

RESPONDENT/PETITIONER:

RESHMI CHANDRAN AGED 25 YEARS D/O.C.RAMACHANDRAN, CHANDRALAYAM, PUNNAKKULAM, K.S.PURAM P.O., KARUNAGAPPALLY, KULASHEKHARAPURAM, KOLLAM - 690 544.

R1 BY ADV. SRI.R.SUNIL KUMAR R1 BY ADV. SMT.A.SALINI LAL

THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

SATHISH NINAN, J. = = = = = = = = = = = = = = = = = = Tr. P. (C) No.489 of 2020 = = = = = = = = = = = = = = = = = = Dated this the 2nd day of February, 2021

ORDER

The petitioner is the husband of the respondent. He seeks for transfer of OP 1329/2020 pending on the files of the Family Court, Thiruvananthapuram to the Family Court at Chavara.

2. OP 1329/2020 is filed by the respondent-wife seeking a decree of divorce. Though the permanent residence of the respondent-wife is at Kollam, she is presently residing at Thiruvananthapuram. The petitioner-husband is employed in Merchant Navy. Therefore, conduct of the proceedings before the Family Court at Thiruvananthapuram or at Chavara is of little difference. But for challenging the claim of residence of the respondent-wife at Thiruvananthapuram, hardly any ground for transfer is claimed or made out by the petitioner. The contention of the petitioner is that the respondent is residing at Kollam and not at Thiruvananthapuram as claimed by her. If the respondent is not residing at Kollam, she would not gain anything by instituting the present proceeding at Thiruvananthapuram; in fact she also would be put to hardship by undertaking travel all the way up to Thiruvananthapuram to conduct the case. No grounds for transfer are made out.

The transfer petition fails and is accordingly dismissed.

Sd/- SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge

Tr.P(C).No.489 OF 2020

APPENDIX

PETITIONER'S/S EXHIBITS:

• ANNEXURE A1 TRUE COPY OF THE ORIGINAL PETITION IN O.P.1329/2020 ON THE FILES OF FAMILY COURT, THIRUVANANTHAPURAM.
• ANNEXURE A2 TRUE COPY OF THE LETTER NO.REF.UH/20/2020 DATED 05/10/2020.
• ANNEXURE A3 TRUE COPY OF THE CERTIFICATE ISSUED BY MANAGER, IDEAL AUDITORIUM, KARUNAGAPALLY VIDE REF.790/19 DATED 18/11/2019.
• ANNEXURE A4 TRUE COPY OF THE LABORATORY TEST REPORT FROM KOYA'S HOSPITAL DATED 30/01/2015.
• ANNEXURE A5 TRUE COPY OF THE LABORATORY TEST REPORT FROM SHIFA MEDICAL CENTRE DATED 17/10/2020.

---