High Court of KeralaTr.P(C)/13/2015allowed

Shimi B.V v. Libin P

2015-02-09Honourable Mr.Justice P.Bhavadasan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 9TH DAY OF FEBRUARY 2015/20TH MAGHA, 1936 Tr.P(C).No. 13 of 2015 ------------------------------ TRANSFER IN OP 633/2014 OF FAMILY COURT, THALASSERY TO FAMILY COURT, VATAKARA ......

PETITIONER(S):

----------------------- SHIMI B.V., AGED 30 YEARS, BHASKARAN, RESIDING AT BHASKARAN VILLA, MYTHANIPPARAMBATHU, KOROTH ROAD, AZHIYOOR, VADAKARA TALUK, KOZHIKODE DISTRICT.

BY ADVS.SRI.K.SANEESH KUMAR SMT.V.B.SANTHINI RESPONDENT(S):

------------------------- LIBIN P., AGED 30 YEARS, S/O.MOHANAN, LIBIN NIVAS, KUTTIMAKKOOL, THIRUVANGADU P.O., THALASSERY, KANNUR DISTRICT, PIN - 670103.

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

Tr.P(C).No.13 of 2015 ------------------------------ APPENDIX PETITIONER(S)' ANNEXURES:

ANNEXURE A1: TRUE COPY OF O.P. NO.1/2014 DATED 1.1.2014 FILED BEFORE THE FAMILY COURT, VATAKARA FILED BY THE PETITIONER. ANNEXURE A2: TRUE PHOTOCOPY OF MC.28 OF 2014 DTD.19.2.2014 BEFORE THE FAMILY COURT, VATAKARA FILED BY THE PETITIONER. ANNEXURE A3: TRUE PHOTOCOPY OF THE O.P.633 OF 2014 FILED BY THE RESPPONDENT BEFORE THE FAMILY COURT, THALASSERY DTD.14.11.2014.

RESPONDENT(S)' ANNEXURES:

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

P. BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - Tr.P.(C). No. 13 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of February, 2015.

ORDER

This is a petition filed under Section 24 of the Code of Civil Procedure seeking to have O.P.633 of 2014 pending before Family Court, Thalassery transferred to Family Court, Vatakara.

2. The marital relationship between the petitioner and the respondent ran into rough weather and litigations began. The petitioner has instituted O.P.1 of 2014 before Family Court, Vatakara. She was also constrained to institute M.C proceedings before the said court. As a retaliatory measure, it is pointed out that the respondent husband instituted O.P. 633 of 2014 before Family Court, Thalassery.

3. It is pointed out by the petitioner that she finds it difficult to go over to Thalassery to attend the court

Tr.P.(C).13/2015.

on all posting dates. It is also pointed out that she is financially not sound and also that there is nobody to accompany her. According to the petitioner, it is only proper that all the cases are tried by the same court so as to avoid conflict of decisions.

4. The respondent has been served with notice, but there is no appearance.

In the light of the fact that there is no objection, this petition is allowed and O.P. 633 of 2014 pending before Family Court, Thalassery shall stand transferred to Family Court, Vatakara.

P. BHAVADASAN, JUDGE sb.