Extracted from the PDF above. The PDF is authoritative.
1 TRPC 808/2024 2025:KER:24892 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI THURSDAY, THE 13TH DAY OF MARCH 2025 / 22ND PHALGUNA, 1946 TR.P(C) NO. 808 OF 2024 OPHMA NO.530 OF 2023 OF FAMILY COURT, ADOOR PETITIONER/S:
ATHIRA DAMODHARAN AGED 31 YEARS D/O. DAMODHARAN, RESIDING AT PUTHENTHARAYIL VARAVILA P.O, CLAPPANA VILLAGE, KARUNAGAPALLY THALUK,KOLLAM DISTRICT, REPRESENTED BY HER POWER OF ATTORNEY HOLDER AND FATHER, DAMODHARAN, AGED 61 YEARS, S/O. SANKARAN, PUTHENTHARAYIL VARAVILA P.O, CLAPPANA VILLAGE, KARUNAGAPALLY TALUK,KOLLAM DISTRICT, PIN - 69051
BY ADV O.A.NURIYA
RESPONDENT/S:
SUBEESH REVI AGED 32 YEARS S/O. REVI, SUBEESH BHAVAN, PARANTHAL P.O, ADOOR THALUK,PATHANAMTHITTA, PIN - 689501
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2 TRPC 808/2024 2025:KER:24892 O R D E R (Dated this the 13th day of March 2025)
The petitioner and respondent are husband and wife. The petitioner/wife filed this Petition to transfer O.P(HMA) No.530 of 2023, pending before the Family Court, Adoor to the Family Court, Chavara. 2. The marriage between the petitioner and the respondent was solemnised on 6.2.2019 as per Hindu religious rites and customs. When the respondent completely ignored to maintain the petitioner, she filed M.C.No.13 of 2022 seeking maintenance. During the pendency of said litigation, the respondent filed O.P.(HMA) No.530 of 2023 before the Family Court, Pathanamthitta, seeking dissolution of marriage. Thereafter, it was transferred to the Family Court, Adoor and is pending there. 3. Though the service is complete, none appears from the side of the respondent. 3 TRPC 808/2024 2025:KER:24892
4. The petitioner submits that she is represented by a power of attorney holder, her father, who is a senior citizen, as she is presently employed at Dubai. Distance from her residence to the Family Court, Adoor is 35 kms., whereas to the Family Court, Chavara, it is only 17 kms. There is nobody to accompany her father to the Family Court, Adoor. Therefore, it brings about severe hardships to the father of the petitioner to travel long distance and is also compelled to spend more money for the same. Moreover, the O.P. filed by the petitioner is already pending before the Family Court, Chavara. Hence, she seeks the transfer. 5.
Thus, in the light of the uncontroverted averments in the Transfer Petition and considering the inconvenience of the petitioner’s father as stated above, I am inclined to transfer O.P(HMA) No.530 of 2023, pending before the Family Court, Adoor to the Family Court, Chavara, to be tried along with
4 TRPC 808/2024 2025:KER:24892 M.C. No.13 of 2022. In the result, this Tr.P.C. is allowed, O.P(HMA) No.530 of 2023, pending before the Family Court, Adoor, is withdrawn and transferred to the Family Court, Chavara. The Family Court, Adoor, shall immediately transfer the records to the Family Court, Chavara, and the Family Court, Chavara shall, upon receipt of the records, issue notice for the appearance of the parties. Sd/- BASANT BALAJI, JUDGE dl/
5 TRPC 808/2024 2025:KER:24892 APPENDIX OF TR.P(C) 808/2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE POWER OF ATTORNEY DATED 20.01.2022 EXECUTED BY THE PETITIONER
Annexure A2 TRUE COPY OF OP. (HMA) NO. 530/2023 ON THE FILES OF THE FAMILY COURT, ADOOR