High Court of KeralaTr.P(C)/427/2012allowed

Joselin Joseph v. Reji Sebastian

2015-04-01Honourable Mr.Justice P.Bhavadasan3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN WEDNESDAY, THE 1ST DAY OF APRIL 2015/11TH CHAITHRA, 1937 Tr.P(C).No. 427 of 2012 () --------------------------- FOR TRANSFER OF OP 131/2012 FROM FAMILY COURT, KALPETTA TO FAMILY VOURT, MALAPPURAM.

PETITIONER(S)//RESPONDENT:

-------------------------- JOSELIN JOSEPH, D/O. LEELAMMA JOSEPH, SANTHI NAGAR, KANNOTH HOUSE, D.P.O.ROAD, MALAPPURAM DISTRICT.

BY ADVS.SRI.BABU S. NAIR SRI.K.RAKESH RESPONDENT(S)/PETITIONER:

-------------------------- REJI SEBASTIAN, S/O. P.T.SEBASTIAN, PUTHANPURAYIL HOUSE, PULPALLY, WAYANAD DISTRICT-673579.

BY ADV. SRI.LALJI P.THOMAS.

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-04-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P. BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - Tr.P.(C). No. 427 of 2012 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of April, 2015.

ORDER

This is a petition filed under Section 24 of the Code of Civil Procedure to have O.P.131 of 2012 pending before Family Court, Wayanad transferred to Family Court, Malappuram.

2. Suffice to say, the relationship between the petitioner and the respondent ran into rough weather and that gave rise to litigations. The respondent instituted O.P. 131 of 2012 before Family Court, Wayanad seeking restitution of conjugal rights.

3. The petitioner points that she is a permanent resident of Malappuram and she had a child to take care of and that she is financially unsound and there is nobody to accompany her to Wayanad. It is also pointed out that she finds it extremely difficult to go over to Wayanad to attend

Tr.P.(C).427/2012.

the court on all posting dates and that causes considerable loss and injury to her. She therefore prays for a transfer of the case.

4. The respondent entered appearance and points out that the respondent has no objection in transferring the case.

In the light of the above fact, this petition is allowed and O.P. No. 131 of 2012 pending before Family Court, Wayanad shall stand transferred to Family Court, Malappuram. Parties shall appear before Family Court, Malappuram on 21.5.2015.

P. BHAVADASAN, sb.

JUDGE