Sajna.K.S. v. Vibin.A.V.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN WEDNESDAY, THE 11TH DAY OF MARCH 2015/20TH PHALGUNA, 1936 Tr.P(C).No. 12 of 2015 () -------------------------- TRANSFER OF OP 1717/2013 FROM FAMILY COURT,ERNAKULAM TO FAMILY COURT, THRISSUR.

PETITIONER(S)/RESPONDENT:

------------------------------------------------ SAJNA.K.S. AGED 25 YEARS D/O.K.I.SANKARAN KUTTY, KURUMALI KARUVAN HOUSE ALAGAPPA NAGAR, VENDORE P.O., CHUNGAM THRISSUR 680 302.

BY ADV. SRI.K.A.SATHEESA BABU RESPONDENT(S)/PETITIONER:

-------------------------------------------------- VIBIN.A.V., AGED 34 YEARS S/O.A.K.VISWANATHAN, AVOOTTIL HOUSE, PERUMPADANNA NORTH PARAVOOR, ERNAKULAM, PIN: 683 513.

R1 BY ADV. SRI.GEO PAUL R1 BY ADV. SRI.SANU MATHEW R1 BY ADV. SRI.C.R.PRAMOD R1 BY ADV. SRI.S.ASHOK KUMAR.

R1 BY ADV. SRI.RADHIKA RAJASEKHARAN P.

R1 BY ADV. SRI.LENIN P. SUKUMARAN R1 BY ADV. SRI.JERRY VARGHESE THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - Tr.P.(C) No. 12 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of March, 2015

O R D E R

This is a petition filed under Section 24 of C.P.C. seeking to have O.P.No. 1717/2013 pending before Family Court, Ernakulam transferred to Family Court, Thrissur. 2.

Suffice to say that the marital relationship between the petitioner and the respondent ran into rough weather and litigations began. The respondent herein initiated proceedings against the petitioner for dissolution of marriage before the Family Court, Ernakulam. The petitioner also did not lag behind. She instituted O.P.No. 1074/2013 before the Family Court, Thrissur for return of gold ornaments and articles. The petitioner also filed O.P.No.1091/2013 for restitution of conjugal rights before the Family Court, Thrissur. She also initiated M.C.No. 318/2013 for maintenance before the said court. It is pointed out by the petitioner that it is only appropriate that

Tr.P.(C) No. 12 of 2015 -2all the matters be tried by the same court to avoid conflict of decision.

3.

The respondent is served with notice and the learned counsel for the respondent submitted that there is no reason made out to transfer the case.

4.

It is not disputed before this Court that the claim that three petitions are already pending before the Family Court, Thrissur between the parties.

Under such circumstances, it is only appropriate that petition pending before Family Court, Ernakulam be transferred to Family Court, Thrissur so that the same court can decide all the issues.

In the result, this petition is allowed and O.P.No. 1717/2013 pending before Family Court, Ernakulam shall stand transferred to Family Court, Thrissur. Sd/- P.BHAVADASAN JUDGE ds