THOMAS Vs. SUNNICHAN

JUDGEMENT

(1.) THIS Transfer Petition is filed to transfer O. P. (Divorce) No. 73 of 2003 pending before the Family Court, Kottayam at ettumanoor to the Family Court, Pathanamthitta at Thiruvalla to be tried along with O. P. No. 944 of 2003.

(2.) O. P. (Divorce) No. 73 of 2003 was filed before the family Court, Kottayam by the 1st respondent herein who is the husband of the petitioner's daughter Shiji @ Shija aged 31 years. The 2nd respondent herein is the father of the 1st respondent. It is for a declaration that his marriage with the petitioner's daughter is a nullity on the ground that the above named shiji @ Shija is an idiot.

(3.) RESPONDENTS, in the counter-affidavit filed before this court, opposed the prayer for transfer of O. P. (Divorce) No. 73 of 2003 pending before the Family Court, Kottayam at Ettumanoor to the Family Court, pathanamthitta at Thiruvalla on the ground that the Family Court at Thiruvalla lacks territorial jurisdiction to entertain as also try and dispose of cases relating to the matrimonial dispute between the petitioner and the respondents. RESPONDENTS have already raised a preliminary objection before the Family court, Pathanamthitta at Thiruvalla on the question of jurisdiction in O. P. No. 944 of 2003 filed by the petitioner herein and his daughter claiming patrimony and other sums from the respondents. The marriage between the petitioner's daughter and the 1st respondent is admitted in the counter-affidavit. The fact that a child was born in the wedlock is also admitted. However, averments regarding jaundice is not admitted. According to the respondents, O. P. No. 944 of 2003 has to be treated as a suit for money and since the alleged transactions took place within the territorial limits of the Family Court, kottayam at Ettumanoor, proceedings before the Family Court at Thiruvalla are hit by S. 20 of the Civil Procedure Code. According to the respondents they are neither residing within the territorial limits of the Family Court at thiruvalla nor the cause of action either wholly or in part has arisen within the jurisdiction of that court. The above transfer petition has been filed by the petitioner to get over the objection raised by the respondents regarding jurisdiction for the Family Court at Thiruvalla to try and dispose of O. P. No. 944 of 2003. RESPONDENTS would further submit that the only court having jurisdiction to proceed with the petition filed seeking a declaration that the marriage is a nullity, is the Family Court, Kottayam at Ettumanoor because the marriage was solemnised in St Joseph's Church, Veroor, Changanacherry in kottayam District.