Neethu J.Nair v. Sanjay Kumar

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 29TH DAY OF JULY 2015/7TH SRAVANA, 1937 Tr.P(C).No. 147 of 2013 () --------------------------- ( IN OP 102/2013 of FAMILY COURT, ALAPPUZHA) PETITIONER ------------------- NEETHU J.NAIR, AGED 23 YEARS, D/O. VALSALA JAYAN, 'UTHRAM', KANCHIYOORKONAM KATTAKADA, THIRUVANANTHAPURAM.

BY ADV. SRI.G.SUDHEER RESPONDENT(S):

------------------------- SANJAY KUMAR, S/O. GOPALAN, AGED 30 YEARS, ALEKALATHIL THEKKATHIL, PUTHIYAVILA P.O.

ALAPPUZHA DISTRICT-685 001.

BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: vmr.

Tr.P(C).No. 147 of 2013 () --------------------------------- APPENDIX PETITIONERS ANNEXURES:

-------------------------------------- ANNEXURE - A- TRUE COPY OF THE PETITION IN O.P. NO 102/13 FILED BY THE RESPONDENT ON THE FILE OF FAMILY COURT, ALAPPUZHA. ANNEXURE- B- TRUE COPY OF NOTICE ON ANNEXURE A ISSUED BY FAMILY COURT, ALAPPUZHA.

ANNEXURE C - TRUE COPY OF PETITION FILED BY PETITIONER IN OP.NO. 2447/12 BEFORE FAMILY COURT, NEDUMANGADU, SEEKING RECOVERY OF GOLD, MONEY, MAINTAINANCE ETC.

REPONDENTS ANNEXURES: NIL.

---------------------------------------- /TRUE COPY/ P.S.TO JUDGE vmr.

B.KEMAL PASHA, J.

==================== Tr.P.(C)No. 147 of 2013 ===================== Dated this the 29th day of July, 2015

O R D E R

Petitioner wife seeks the transfer of O.P.No.102 of 2013 of the Family Court, Alappuzha, to the Family Court, Nedumangadu for trial along with O.P.No.2447 of 2012. O.P.No.102 of 2013 is filed by the respondent seeking restitution of conjugal rights. The petitioner is residing at Kattakada, which is within the jurisdiction of the Family Court, Nedumangadu.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

3. The learned counsel for the respondent opposed the transfer. It is fact that O.P.No.2447 of 2012 filed by the petitioner seeking recovery of gold ornaments, money, maintenance etc., is pending before the Family Court, Nedumangadu. Considering the facts and circumstances of

Tr.P.(C)No.147 of 2013 this case and on hearing either side, this Court is satisfied that it is just and convenient in the interest of justice to effect the transfer as prayed for.

In the result, this Transfer Petition (Civil) is allowed and O.P.No.102 of 2013 of the Family Court, Alappuzha is transferred to the Family Court, Nedumangadu. Sd/- B.KEMAL PASHA JUDGE DSV/29/7/15 // True Copy // P.A. To Judge