Research › Search › Judgment

High Court of Kerala · body

2025 DAILYLAW 4389 (KER)

MAHIMA M.B v. SHIJU

Tr.P(C)/166/2025 · 2025-03-18

Basant Balaji

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

TR.P(C) NO. 166 OF 2025 1 2025:KER:28833 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. 166 OF 2025 AGAINST THE ORDER/JUDGMENT IN OP(OTHERS) NO.925 OF 2024 OF FAMILY COURT, PUNALUR PETITIONER: MAHIMA M.B AGED 24 YEARS D/O.MADHU K, RESIDING AT MAHIMA BHAVAN, AVANAVANCHERY P.O, ATTINGAL VILLAGE, THIRUVANANTHAPURAM, PIN - 695103 BY ADVS. S.S.ARAVIND S.NITHIN (ANCHAL) RESPONDENT: SHIJU AGED 30 YEARS S/O.SREENIVASAN CHETTIYAR, RESIDING AT SREEMANGALAMHOUSE, NETHAJI ROAD,PUNALUR VILLAGE& TALUK , KOLLAM, PIN - 691305 BY ADVS. BIJU C ABRAHAM THOMAS C.ABRAHAM(K/517/2022) BASIL MATHEW(K/000588/2020) THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: TR.P(C) NO. 166 OF 2025 2 2025:KER:28833 ORDER (Dated this the 18th day of March, 2025) The petitioner herein is the respondent and respondent herein is the petitioner in O.P.(Others)No.925 of 2024 on the files of Family Court, Punalur, seeking compensation for mental agony, trauma and reputational damage. 2. The marriage between the petitioner and the respondent was solemnised on 23.08.2021 at Dwaraka Auditorium, Veeralam, Attingal Village, as per Hindu religious rites and rituals. No children are born out of the wedlock. The petitioner filed M.C.No.276 of 2024, before the Family Court, Attingal, for maintenance, which was later not pressed by the petitioner on 09.01.2025. The respondent herein, filed a transfer petiiton TR.P(Crl) No.5 of 2025 for the transfer of the said MC No.276 of 2024, from the Family Court, Attingal to Family Court Punalur, which was also not pressed. The petitioner filed O.P. (HMA)NO.1367 of 2024 seeking for divorce which is pending before the Family Court, Attingal. In the meanwhile, the respondent filed Tr.P(C) No.43 of 2025 for transferring O.P. TR.P(C) NO. 166 OF 2025 3 2025:KER:28833 (HMA) No.1367 of 2024 on the files of Family Court, Attingal to the Family Court, Punalur. 3. The petitioner resides in Attingal. She is 24 years old and is currently pursuing Medical Lab Technician course at Attingal. The burden of attending hearings at Punalur, severely disrupts her studies and causes undue hardship. The petitioner’s parents suffer from age-related ailments. They are unable to accompany her to Punalur or assist her in conducting the case therein. There is no one else to support her, making it extremely difficult for her to conduct the case at Family Court, Punalur. The petitioner is not having any independent income also. Hence, seeks a transfer of O.P.(others)No.925 of 2024 from the Family Court, Punalur to Family Court Attingal. 4. On receipt of the notice, the learned counsel entered appearance for the respondent. 5. The learned counsel for the respondent submits that he has no objection in transferring the case is filed by him. Therefore, the transfer petition is allowed, and O.P.(Others) No.925 of 2024 pending before the Family Court, Punalur, is withdrawn and transferred to the Family Court, Attingal. TR.P(C) NO. 166 OF 2025 4 2025:KER:28833 6. The Family Court, Punalur shall immediately transfer the records to the Family Court Attingal. On receipt of the records, the Family Court Attingal shall dispose of the case in accordance with law. The parties are directed to appear before Family Court, Attingal on 03.05.2025. The Tr.P( C) is allowed as above. Sd/- BASANT BALAJI JUDGE saap TR.P(C) NO. 166 OF 2025 5 2025:KER:28833 APPENDIX OF TR.P(C) 166/2025 PETITIONER ANNEXURES Annexure -1 TRUE COPY OF THE O.P.(OTHERS) NO.925/2024 FILED BY THE RESPONDENT BEFORE FAMILY COURT, PUNALUR DATED 01-12-2024 //True copy//PA to Judge