Research › Search › Judgment

High Court of Kerala · body

2025 DAILYLAW 9023 (KER)

SHILPA REJI v. VARUN MATHEW

Tr.P(C)/819/2024 · 2025-04-07

Basant Balaji

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 TR PC 819/24 2025:KER:30410 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 TR.P(C) NO. 819 OF 2024 TO TRANSFER OP(GW) NO.2122 OF 2024 OF FAMILY COURT,THIRUVANANTHAPURAM PETITIONER/S: SHILPA REJI AGED 32 YEARS D/O.REJI, AGED 32 PARAPPILLIKUZHIYIL HOUSE, KANINAD P.O. ERNAKULAM,, PIN - 682301 BY ADVS. GEO PAUL C.R.PRAMOD JACOB GEORGE PALLATH S.ASHOK KUMAR. HARIKRISHNAN A.S. AKSHAI.K.R. MARIYAM MATHEWS RESPONDENT/S: VARUN MATHEW S/O. MATHEW, AGED 37, FLAT NO. 6G, PLANET X, SREEDHANYA HOMES, BLOCK- B, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAMNET, PIN - 695011 BY ADV PRADEEP P B THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 TR PC 819/24 2025:KER:30410 ORDER (Dated this the 7th day of April 2025) The parties are husband and wife. The petitioner seeks transfer of O.P. (G&W) No.2122 of 2024, on the files of Family Court, Thiruvananthapuram to the Family Court, Muvattupuzha. 2. The marriage between the petitioner and the respondent was solemnized on 20.01.2018, as per the customary rites and ceremonies prevailing in the community. Because of cruelty and harassment from the side of the respondent, the petitioner, along with her child, started living with her parents. While so, the respondent filed O.P.(GW) No.2122 of 2024 before the Family Court, Thiruvananthapuram. 3. The petitioner is presently residing at Puthencruz, Ernakulam, along with her pre-school going child. 3 TR PC 819/24 2025:KER:30410 She submits that it is difficult for her to travel from her residence to Thiruvananthapuram to attend the proceedings, on all posting dates. Hence, she seeks the transfer of the Guardian Petition. 4. The respondent filed affidavit stating that he has no objection in allowing the transfer. Considering the facts and circumstances of the case and in the light of the uncontroverted averments in the memorandum of transfer petition, I am inclined to allow this transfer petition. In the result, this Tr.P.C. is allowed, withdrawing O.P. (G&W) No.2122 of 2024 pending before the Family Court, Thiruvananthapuram, and transferring it to the Family Court, Muvattupuzha. The Family Court, Thiruvananthapuram, shall transfer the records to the Family Court, Muvattupuzha, immediately and the Family Court, Muvattupuzha shall, upon 4 TR PC 819/24 2025:KER:30410 receipt of the records, dispose of the case in accordance with law. The respondent is permitted to move appropriate application for interim custody of the child during vacation. The parties are directed to appear before the Family Court, Muvattupuzha on 3.5.2025. Sd/- BASANT BALAJI JUDGE dl/ 5 TR PC 819/24 2025:KER:30410 APPENDIX OF TR.P(C) 819/2024 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF SUMMONS (FORM 8) DATED 26-10-2024.