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High Court of KeralaTr.P(C)/249/2012allowed

Baby Shalet @ Shalet v. Sunil J

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.249 of 2012 ------------------------------ OP.1335/2011 of FAMILY COURT,THRISSUR.

......

PETITIONER:

------------------- BABY SHALET @ SHALET,AGED 30 YEARS, D/O.KRISHNA KUMAR,RESIDING AT AMBADI HOUSE, KANIYANKUNNU, P.O.HARIPURAM,ANANDASRAM (VIA), PULLUR VILLAGE,HOSDURG TALUK,KASARAGOD DISTRICT. BY ADVS.SRI.T.K.VIPINDAS SMT.P.K.PRIYA RESPONDENT:

---------------------- SUNIL.J,AGED 36 YEARS,S/O.JOY, RESIDING AT THAIPARAMBIL HOUSE, P.O.MEETHALA,KODUNGALLUR, THRISSUR DISTRICT-683545.

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

pk

Tr.P (C).No.249 of 2012 APPENDIX PETITIONER'S ANNEXURES:

ANNEXURE A1:TRUE COPY OF THE PETITION FILED UNDER SECTION 125(1) OF CR.PC AS M.C.NO.21/2012 ON THE FILE OF THE FAMILY COURT, KASARAGOD.

ANNEXURE A2:TRUE COPY OF THE PETITION IN O.P.NO.1335/2011 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT,THRISSUR.

ANNEXURE A3:TRUE COPY OF THE PROVISIONAL DIAGNOSIS REPORT DATED 8.3.2012 PERTAINING TO PETITIONER'S FATHER KRISHNAN ISSUED BY YENAPOYA MEDICAL COLLEGE HOSPITAL,MANGALORE.

ANNEXURE A3:TRUE COPY OF THE PROVISIONAL DIAGNOSIS REPORT DATED 8.3.2012 PERTAINING TO PETITIONER'S FATHER KRISHNAN ISSUED BY YENAPOYA MEDICAL COLLEGE HOSPITAL,MANGALORE.

ANNEXURE A4:TRUE COPY OF THE DISCHARGE SUMMERY PERTAINING TO THE PETITIONER'S FATHER ISSUED BY YENAPOYA MEDICAL COLLEGE HOSPITAL,MANGALORE DATED 15.3.2012.

RESPONDENT'S ANNEXURES:

NIL //TRUE COPY// P.S. TO JUDGE pk

P. BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - Tr.P.(C). No. 249 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. 1335 of 2011 from Family Court, Thrissur to Family Court, Kasaragod.

2. Suffice to say, the marital relationship between the petitioner and the respondent ran into rough weather and litigations began. The petitioner instituted M.C. 21 of 2012 before Family Court, Kasaragod. The respondent in turn instituted O.P. 1335 of 2011 before Family Court, Thrissur.

3. The petitioner points out that she is a resident of Kasaragod with her family and she finds it difficult to go to Thrissur to attend the court on all posting dates. It is also pointed out that her parents are not keeping good health and in fact her father is undergoing continuous medical treatment. According to her, there is nobody to accompany her and she is

Tr.P.(C).249/2012.

not financially sound. Therefore, she prays for transfer of the case to Family Court, Kasaragod.

4. Though notice was served on the respondent, there is no appearance. Since there is no objection raised by the respondent, it is felt that this petition can be allowed. In the result, this petition is allowed, and O.P. 1335 of 2011 pending before the Family Court, Thrissur shall stand transferred to Family Court, Kasaragod.

P. BHAVADASAN, JUDGE sb.