High Court of KeralaTr.P(C)/246/2012allowed

Ramsiya v. Riyaz

2015-01-06Honourable Mr.Justice P.Bhavadasan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN TUESDAY, THE 6TH DAY OF JANUARY 2015/16TH POUSHA, 19361 Tr.P(C).No. 246 of 2012 --------------------------------- OP 1482/2011 of FAMILY COURT,THRISSUR ------------------- PETITIONER(S):

-------------------------- RAMSIYA, AGED 22 YEARS D/O.HUSSAIN, KOLAYIL HOUSE, MANTHALAMKUNNU, PUNNAYUR VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT.

BY ADVS.SRI.RAJIT SRI.K.H.ABDUL SAMAD (CHAVAKKAD) RESPONDENT(S):

------------------------- RIYAZ, AGED 27 YEARS S/O.KAMMUKUTTY, BISMILLAH MANZIL, VETTIKKALKADAVIL, MANGALAM DAM, ALATHUR TALUK, PALAKKAD DISTRICT-678301.

BY ADVS. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.BENOJ C AUGUSTIN SRI.I.J.AUGUSTINE SRI.SEBIN THOMAS SMT.J.KASTHURI SRI.PRATHAP PILLAI THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

Tr.P(C).No. 246 of 2012 --------------------------------- APPENDIX PETITIONERS' ANNEXURES ---------------------------------------- ANNEXURE A: COPY OF THE APPLICATION FILED BY THE PETITIONER IN OP.1482/11 BEFORE THE FAMILY COURT, THRISSUR ANNEXURE B: COPY OF THE APPLICATION FILED BY THE PETITIONER IN OP.949/11 FILED BEFODRE THE FAMILY COURT, PALAKKAD.

RESPONDENTS' ANNEXURE ---------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

P. BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - Tr.P.(C). No. 246 of 2012 - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of January, 2015.

ORDER

This is a petition filed under Section 24 of the Code of Civil Procedure seeking transfer of O.P. 949 of 2011 from Family Court, Palakkad to Family Court, Thrissur.

2. Shorn off unnecessary details, it is suffice to say that the marital relationship between the petitioner and the respondent ran into rough weather and the petitioner instituted O.P. No. 1482 of 2011 before the Family Court, Thrissur for return of money said to have been paid at the time of marriage. In retaliation, the respondent filed O.P. 949 of 2011 before Family Court, Palakkad seeking restitution of conjugal rights.

3. The petitioner points out that she is a permanent resident of Thrissur and it is extremely difficult for her to go

Tr.P.(C).246/2012.

to Palakkad on all posting dates. According to her, there is nobody to accompany her and she is not financial very sound to meet the expenses to go to Palakkad. In that circumstance, she prays for transfer of O.P. 949 of 2011 from Family Court, Palakkad to Family Court, Thrissur.

4. The respondent entered appearance.

5. After having heard counsel on both sides, and having given anxious consideration to the various aspects, it is felt that this petition can be allowed.

Hence, this petition is allowed, and O.P. 949 of 2011 pending before the Family Court, Palakkad shall stand transferred to Family Court, Thrissur. The parties shall appear before Family Court, Thrissur on 27.01.2015. P. BHAVADASAN, JUDGE sb.