Anitha P.V. and Anjana v. Amritha, Arjun, Adaharsh and KSRTC

``` TR.P(C) NO. 231 OF 20221 ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE C.S.DIAS`** ``` WEDNESDAY, THE 7[TH] DAY OF DECEMBER 2022 / 16TH AGRAHAYANA, 1944 TR.P(C) NO. 231 OF 2022 ``` ``` OP 176/2021 OF FAMILY COURT, NEDUMANGAD ``` ## **`PETITIONER/S:`** ``` 1ANITHA .P.V AGED 42 YEARS W/O.AJITHAKUMAR (WRONGLY MENTIONED AS W/O. PRADEEPAN ON OP) POOVANANJI, POTHIYVEEDU, TRIPPNANGOTTOOR, POYILOOR, TRIPPANGOTTOR VILLAGE, KANNUR DISTRICT,PIN-670 693 2ANJANA AGED 12 YEARS D/O.AJITHAKUMAR (WRONGLY MENTIONED AS D/O. PRADEEPAN ON OP) POOVANAJI, POTHIYVEEDU, TRIPPNANGOTTOOR, POYILOOR, TRIPPANGOATTOR VILLAGE, KANNUR DISTRICT,PIN-670 693 (MINOR REPRESENTED BY THE 1ST PETITIONER MOTHER SMT. ANITHA.P.V) BY ADVS. PREMCHAND R.NAIR GEORGE BRISTON V.P.PRASANTH PREEJA V.P. ``` ## **`RESPONDENT/S:`** ``` 1AMRITHA D/O. AJITHAKUMAR, LEKSHMI BHAVAN, POOVACHAL, MOOLAYAMCODE, ALAMUKKU, VEERANAKAVU VILLAGE, IN KATTAKADA TALUK, RESIDING AT AVITTOM, PANANGODE, VENANOOR P.O., TRIVANDRUM (DIST) ,PIN-695 527 2ARJUN AGED 21 YEARS S/O. AJITHAKUMAR, LEKSHMI BHAVAN, POOVACHAL, MOOLAYAMCODE, ALAMUKKU, VEERANAKAVU VILLAGE, IN KATTAKADA TALUK, RESIDING AT AVITTOM, PANANGODE, VENANOOR P.O., TRIVANDRUM (DIST) ,PIN-695 527 3ADAHARSH, AGED 21 YEARS,S/O.PRADEEPAN POOVANAJI, POTHIYVEEDU, TRIPPNANGOTTOOR, POYILOOR, TRIPPANGOATTOR VILLAGE, KANNUR DISTRICT,PIN-670 693 ``` ``` TR.P(C) NO. 231 OF 20222 ``` ``` 4MANAGING DIRECTOR, KSRTC CHIEF OFFICE, FORT. P.O., THIRUVANANTHAPURAM,PIN- 695 023 ``` ``` BY ADVS. ANANDA RAJAN.N – R1, R2 G.KEERTHIVAS - R4 ``` ``` THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` TR.P(C) NO. 231 OF 2022 ``` ``` 3 ``` ## **ORDER** The transfer petition is filed under Section 24 of the Code of Civil Procedure,1908 _(in short, 'C.P.C.')_ , seeking to transfer O.P.No.176 of 2021 (Annexure-D), from the Family Court, Nedumangad to the Family Court, Thalassery. 2. The petitioners’ case, in brief, in the memorandum of transfer petition is that, the 1[st] petitioner is the widow of Ajithkumar. The 2[nd] petitioner is a twelve year old daughter born in the wedlock between the 1[st] petitioner and the deceased. The respondents 1 and 2 are the children born in the first wedlock of the deceased. The 3[rd] respondent is alleged to be the son born out of the wedlock of the 1[st] petitioner. The 4[th] respondent is the employer of the deceased. The respondents 1 and 2 have filed Annexure-D before the Family Court, Nedumangad, inter-alia, to declare that they are the only legal heirs of the deceased. The petitioners have been impleaded as the respondents 1 and 3 in the said proceeding. The petitioners are residing in Kannur district, which is more ``` TR.P(C) NO. 231 OF 2022 ``` ``` 4 ``` than 480 Kms away from the Family Court, Nedumangad. It will be extremely difficult for the petitioners to travel all the way from Kannur to Nedumangad to contest Annexure-D. Hence, the transfer petition. 3. The respondents 1 and 2 have filed a counter affidavit denying the allegations in the transfer petition. They have, _inter alia,_ contended that there is no marriage between the 1[st] petitioner and the deceased. It is only to harass them that the petitioners have filed the transfer petition. It would be difficult and inconvenient for the respondents 1 and 2 to also travel all the way from Thiruvananthapuram to Kannur to contest Annexure-D, if it is transferred. Hence, the transfer petition may be dismissed. 4. Heard Sri. Premchand R. Nair, the learned counsel appearing for the petitioners, Sri. Ananda Rajan, the learned counsel appearing for the respondents 1 and 2 and Sri. G. Keerthivas, the learned counsel appearing for the 4[th] respondent. ``` TR.P(C) NO. 231 OF 2022 ``` ``` 5 ``` 5. It is well settled in a catena of decisions by the Hon’ble Supreme Court in _**Sumitha Sing V. Kumar Sanjay and another**_ [(2001)10 SCC 41)], _**Mona Aresh Goel V. Aresh Satya Goel**_ [(2000) 9 SCC 255], _**Vaishali Shridhar Jagtap V. Shridhar Vishwanath Jagtap**_ [AIR 2016 SC 3584], _**Santhini V. Vijaya Venkatesh**_ [2017 (4) KLT 415 (SC)], _**N.C.V. Aiswarya v. A.S. Sharavana Karthik Sha**_ [2022(5) KHC 185] and _**Valsal Nisha v. Rajesh Soman Nair**_ [2020(8) KLR 475], that the convenience of the woman and children has to be given preference, while ordering the transfer of a case from one Court to another. 6. Taking into account the fact that the 1[st] petitioner is a widow and the 2[nd] petitioner is a girl aged only 12 and that the distance between Kannur and years, Nedumangad is more than 480 Kms on one side, I am of the definite view that due preference and weightage has to be given to the widow and the child of the deceased. The inconvenience caused to the respondents 1 and 2 can ``` TR.P(C) NO. 231 OF 2022 ``` ``` 6 ``` be avoided to a larger extent by permitting them to move the Family Court, Thalassery, and seek for the dispensation of their personal appearance and also to avail the video conferencing facility, if so warranted. 7. In the light of the law laid down in the afore-cited decisions and the totality of the facts and circumstances of the case, I am inclined to exercise the discretionary powers of this Court under Section 24 of the C.P.C. and order the transfer of Annexure-D. In the result, I allow the transfer petition as follows: - (i) O.P.No.176 of 2021 is transferred from the Family Court, Nedumangad to the Family Court, Thalassery. - (ii) The Registry shall forward a copy of this order to the Family Court, Nedumangad with instructions forthwith to transmit the records in Annexure-D to the Family Court, Thalassery. - (iii) The Family Court, Thalassery shall, immediately on receipt of the records in Annexure-D, issue notice to the parties for their appearance. ``` TR.P(C) NO. 231 OF 2022 ``` ``` 7 ``` - (iv) The respondents 1 and 2 will be at liberty to move the Family Court, Thalassery and seek for dispensation of their personal appearance and to also avail the video conferencing facility, if necessary. Sd/- ## **C.S.DIAS, JUDGE** okb/7.12.22 //True copy// P.S. to Judge ``` TR.P(C) NO. 231 OF 20228 ``` ## **`APPENDIX OF TR.P(C) 231/2022`** ``` PETITIONER ANNEXURES Annexure ATRUE COPY OF TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTH AND DEATHS THALASSERY MUNICIPALITY DATED 10.06.2012 Annexure BTRUE COPY OF THE DEATH CERTIFICATE OF LATE AJITHAKUMAR DATED 31.08.2016 ISSUED BY THE SUB REGISTRAR OF BIRTH AND DEATH, CORPORATION OF THIRUVANANTHAPURAM Annexure CTRUE COPY OF THE TRUE COPY OF THE LEGAL HEIR SHIP CERTIFICATE ISSUED BY THE TAHASILDAR, KATTAKADA DATED 22.11.2016 Annexure DTRUE COPY OF THE OP NO.176 OF 2021 DATED 06.02.2021 PENDING ON THE FILES OF THE FAMILY COURT, NEDUMANGAD ```