Ushakumari v. Rajesh.K

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 14TH DAY OF JULY 2015/23RD ASHADHA, 1937 Tr.P(C).No. 58 of 2010 ------------------------------- OP 1271/2009 OF FAMILY COURT, KOLLAM ----------------- PETITIONER:

------------------ USHAKUMARI, AGED 33 YEARS, D/O.PARAN, THEKKELATHODI VEEDU, KANNIAYPURAM POST, OTTAPALAM TALUK.

BY ADVS.SMT.T.D.RAJALAKSHMI SRI.R.VENUGOPAL RESPONDENT(S):

------------------------- RAJESH.K., S/O.KUNHIKRISHNA PILLAI, KRISHNALAYAM, ADUTHALA POST, VARINJAM, KALLUVATHUKAL, KOLLAM DISTRICT.

(358491-L RAJESH K RFN/ORL.SIGNALS, 815, ASSAM RIFLES C/O.99 APO).

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

Tr.P(C).No. 58 of 2010 ------------------------------- APPENDIX PETITIONERS' ANNEXURES ---------------------------------------- ANNEXURE 1: COPY OF THE BIRTH CERTIFICATE ISSUED BY OTTAPALAM MUNNICIPALITY ANNEXURE 2: COPIES OF THE CMP.4995/09 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, OTTAPALAM ANNEXURE 3: COPY OF OP(HMA) 1271/09 OF FAMILY COURT, KOLLAM. RESPONDENTS' ANNEXURES ------------------------------------------ NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

B. KEMAL PASHA, J.

................................................................ Tr.P.(C) No. 58 of 2010 ............................................................... Dated this the 14th day of July, 2015

O R D E R

Petitioner is seeking the transfer of OP(HMA) 1271/2009 pending before the Family Court, Kollam to the Family Court, Palakkad. The petitioner is residing within the jurisdiction of the Family Court, Ottappalam. She finds it very difficult to travel all the way from Ottappalam to Kollam for defending the said OP filed by her husband seeking restitution of conjugal rights.

2.

Notice has been served on the learned counsel for the respondent appearing before the court below and the service is declared as complete. There is no representation for the respondent. Heard learned counsel for the petitioner.

Tr.P.(C) 58 of 2010 -: 2 :- 3.

On hearing the learned counsel for the petitioner and on going through the facts and circumstances of the case, this Court is satisfied that it is just and convenient in the interest of justice to transfer O.P.(HMA)No.1271 of 2009 of the Family Court, Kollam to the Family Court, Ottappalam .

In the result, this Transfer Petition is allowed and O.P. (HMA)No.1271 of 2009 of the Family Court, Kollam is transferred to the Family Court, Ottappalam. Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge