Sheeba v. Hariharan

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN THURSDAY, THE 12TH DAY OF FEBRUARY 2015/23RD MAGHA, 1936 Tr.P(C).No. 129 of 2013 ------------------------------- IN THE MATTER OF TRANSFER OF OP 1620/2012 OF FAMILY COURT, ALAPPUZHA TO FAMILY COURT, KANNUR .......

PETITIONER(S)/1ST RESPONDENT:

--------------------------------------------------- SHEEBA, AGED 29 YEARS, W/O.HARIHARAN, AGED 29 YEARS, THONGANATHIL HOUSE, KANDANKALI P.O., PAYYANNUR, KANNUR DISTRICT.

BY ADVS.SRI.M.SASINDRAN SRI.A.ARUNKUMAR RESPONDENT(S)/PETITIONER/2ND RESPONDENT:

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1. HARIHARAN, S/O.MAHADEVAN, AGED 35 YEARS, THAZHCHAYIL LAKSHAM VEEDU, KAKKAZHAM P.O. V-688 005, ALAPPUZHA.

2. BABU, SPEED TAILORS, KARAR ROAD, THAYINERI, PAYYANNUR - 670 307.

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

Tr.P(C).No. 129 of 2013 ------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

ANNEXURE A I : A TRUE COPY OF THE PETITION NUMBERED AS OP (HMS) NO.1620 OF 2012 ON THE FILES OF FAMILY COURT, ALAPPUZHA. ANNEXURE A II: A TRUE COPY OF THE NOTICE DTD.18.2.2013 ISSUED BY THE FAMILY COURT, ALAPPUZHA IN OP (HMA) NO.1620/2012.

RESPONDENT(S)' ANNEXURES:

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

P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - Tr.P.(C) No. 129 of 2013 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of February, 2015

O R D E R

This is a petition filed under Section 24 of C.P.C. seeking to have O.P.No. 1620/2012 pending before Family Court, Alappuzha transferred to the Family Court, Kannur. 2.

Suffice to say that the marital relationship between the petitioner and the first respondent ran into rough weather and litigations began. The husband instituted O.P.No. 1620/2012 before the Family Court, Alappuzha. The petitioner points out that she is residing at Payyannur and she finds it extremely difficult to go out to Alappuzha to attend the routine posting of the case. She also points out that she is financially unsound and that she has nobody to accompany her. Under such circumstances, she prays that the case be transferred to Family Court, Kannur. 3.

The second respondent was set exparte before the court below. The first respondent was served with notice

Tr.P.(C) No. 129 of 2013 -2but there is no appearance on his behalf.

4.

In the light of the fact that no objection is seen filed by the first respondent, this petition is allowed and O.P.No. 1620/2012 pending before Family Court, Alappuzha shall stand transferred to the Family Court, Kannur. The parties shall appear before the Family Court, Kannur on 10.03.2015.

Sd/- P.BHAVADASAN JUDGE ds //True copy// P.A. to Judge