1 Tr.PC 43/2025 2025:KER:27218 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI TUESDAY, THE 18TH DAY OF MARCH 2025 / 27TH PHALGUNA, 1946 TR.P(C) NO. 43 OF 2025 OPHMA NO.1367 OF 2024 OF FAMILY COURT, ATTINGAL PETITIONER/S: SHIJU SREENIVASAN AGED 29 YEARS S/O. SREENIVASAN, SREEMANGALATHUVEEDU, NETHAJI ROAD, PUNALUR, KOLLAM, PIN - 691305 BY ADVS. BIJU .C. ABRAHAM THOMAS C.ABRAHAM BASIL MATHEW RESPONDENT/S: MAHIMA A.B D/O. MADHU, MAHIMA BHAVAN, TOLL MUKKU, AVAVANACHERY PO, ATTINGAL, THIRUVANANTHAPURAM, PIN - 695103 BY ADVS.ARAVIND S.S S.NITHIN (ANCHAL)(K/1007/2012) THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 Tr.PC 43/2025 2025:KER:27218 O R D E R (Dated this the 18th day of March 2025) The petitioner/husband seeks transfer of O.P.(HMA) No.1367 of 2024 filed by the respondent/wife, pending before the Family Court, Attingal. 2. The marriage between the petitioner and the respondent was solemnized on 23.8.2021. Later, due to difference of opinion, the respondent deserted the petitioner. The respondent filed M.C.No.35 of 2022 before the JFCM Court-II, Punalur for maintenance. The petitioner also filed O.S.No.37 of 2022 before the Munsiff Court, Punalur and OP(HMA) No.787 of 2024 and O.P.(Others) No.925 of 2024 before the Family Court, Punalur. Thereafter, the respondent filed O.P.(HMA) No.1367 of 2024 for divorce, before the Family Court, Attingal. 3. The petitioner submits that the earlier O.P.(HMA) 3 Tr.PC 43/2025 2025:KER:27218 No.1558 of 2023 filed by the respondent before the Family Court, Punalur, was withdrawn. Further, it is submitted that the respondent is a regularly practicing lawyer at Family Court, Punalur and therefore, it is not at all difficult for her to contest the case before the Family court, Punalur. Hence, he seeks a transfer of O.P.(HMA) No.1367 of 2024 from the Family Court, Attingal to the Family Court, Punalur. 4. Though the respondent appeared, no counter, controverting the allegations in the Petition, seems filed by the respondent. 5. Considering the facts and circumstances of the case, in the light of the uncontroverted averments in the memorandum of Transfer Petition and taking note of the fact that 3 cases filed by the petitioner are pending before the Family Court, Punalur, I am inclined to transfer O.P.(HMA) No.1367 of 2024 pending before the Family Court, Attingal to 4 Tr.PC 43/2025 2025:KER:27218 the Family Court, Punalur, to be tried along with cases pending therein. In the result, this Tr.P.C. is allowed, O.P.(HMA) No.1367 of 2024 pending before the Family Court, Attingal, is withdrawn and transferred to the Family Court, Punalur. The Family Court, Attingal, shall immediately transfer the records to the Family Court, Punalur, and parties shall appear before the Family Court, Punalur on 24.04.2025. Sd/- BASANT BALAJI JUDGE dl/ 5 Tr.PC 43/2025 2025:KER:27218 APPENDIX OF TR.P(C) 43/2025 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE JUDGMENT DATED 21/8/2024 PASSED BY THE COURT OF THE FAST TRACK SPECIAL JUDGE, KOTTARAKARA IN S.C. NO. 981/2023 Annexure 2 TRUE COPY OF THE PETITION FOR DIVORCE BEARING OP(HMA) NO. 1367/2024 FILED BY THE RESPONDENT DATED 18/9/2024 BEFORE THE FAMILY COURT, ATTINGAL