High Court of KeralaTr.P(C)/252/2012allowed

K. Suni v. K.P. Sathyanarayanan

2015-01-09Honourable Mr.Justice P.Bhavadasan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN FRIDAY, THE 9TH DAY OF JANUARY 2015/19TH POUSHA, 1936 Tr.P(C).No. 252 of 2012 () --------------------------- OP.NO. 2201/2011 OF FAMILY COURT, THRISSUR ------------------- PETITIONER :

---------------------- K. SUNI, D/O.K.P.UNNIKRISHNAN,AGED 32 YEARS, RESIDING AT AISWARYA HOUSE, RAMAKRISHNAPPADI, LAKKIDI P.O., PALAKKAD, PIN- 679 301.

BY ADVS.SRI.HARISH R. MENON SRI.K.T.SHYAMKUMAR RESPONDENT :

---------------------------- K.P. SATHYANARAYAN, S/O.ANDAVAN,AGED 38 YEARS, RESIDING AT KANJINGAT, PARAMEL HOUSE, KONDAZHI P.O., THRISSUR, PIN-679 106.

BY ADV. SRI.G.SREEKUMAR (CHELUR) THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts

Tr.P(C).No. 252 of 2012 APPENDIX PETITIONER'S ANNEXURES:

ANNEX 1 COPY OF THE O.P.NO.2201/2011 PENDING BEFORE THE FAMILY COURT, THRISSUR.

ANNEX 2 COPY OF THE M.C.NO.136/2012 PENDING BEFORE THE FAMILY COURT, PALAKKAD.

RESPONDENT'S ANNEXURES:

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

P. BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - Tr.P.(C). No. 252 of 2012 - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of January, 2015.

ORDER

This is a petition filed under Section 24 of the Code of Civil Procedure seeking transfer of O.P. 2201 of 2011 from Family Court, Thrissur to Family Court, Palakkad where the petitioner claims to be residing at present.

2. Suffice to say, the marital relationship between the petitioner and the respondent ran into rough weather and litigations began. O.P. 2201 of 2011 was filed by the respondent for a decree for divorce before the Family Court, Thrissur. The petitioner thereafter filed M.C.136 of 2012 before the Family Court, Palakkad for maintenance and other reliefs. The petitioner points out that she is a resident of Palakkad and she finds it extremely difficult to go over to Thrissur to attend the court. It is also pointed out that there

Tr.P.(C).252/2012.

is nobody to accompany her to Thrissur and she is in financial difficulties and therefore, she prays for a transfer of the case to Family Court, Palakkad.

3. Learned counsel appearing for the respondent pointed out that the petition has been pending for the last three years and now the transfer is being sought for.

4. Even though there is some substance in the contention raised by the learned counsel for the respondent, considering the difficulties pointed out by the petitioner, it is felt that it is only proper to allow the transfer. For the above reasons, this petition is allowed and O.P. 2201 of 2011 pending before the Family Court, Thrissur shall stand transferred to Family Court, Palakkad. P. BHAVADASAN, JUDGE sb.