Sheeja v. Jayakumar

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN FRIDAY, THE 13TH DAY OF FEBRUARY 2015/24TH MAGHA, 1936 Tr.P(C).No. 30 of 2015 ------------------------------- OP 963/2014 OF FAMILY COURT, IRINJALAKUDA ..........

PETITIONER(S):

----------------------- SHEEJA, D/O.SREEDHARAN NAIR, VELLARA HOUSE, PADUVA P.O., KOTTAYAM.

BY ADV. SRI.A.K.HARIDAS RESPONDENT(S):

------------------------- JAYAKUMAR, S/O.SREEDHARAN NAIR, KANNUR HOUSE, PAZUKKARA P.O., CHALAKKUDY.

BY SRI.K.RAMAKUMAR, SENIOR ADVOCATE ADVS. SRI.T.RAMPRASAD UNNI SRI.S.M.PRASANTH SMT.ASHA BABU SMT.AMMU CHARLES THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-02-2015 ALONG WITH Tr.P(C).No.33/2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

msv/

Tr.P(C).No. 30 of 2015 ------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

ANNEXURE 1: TRUE COPY OF THE OP.963/2014 OF FAMILY COURT, IRINJALAKUDA. ANNEXURE 2: TRUE COPY OF THE OP.1249/2014 OF FAMILY COURT, EATTUMANOOR. RESPONDENT(S)' ANNEXURES:

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

P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of February, 2015

O R D E R

Since common issue arises for consideration, these petitions can be disposed of by a common order. 2.

These are the petitions filed under Section 24 of C.P.C. seeking transfer of two O.P.s namely O.P.No.963/2014 and G.O.P.No. 1/2015 pending before Family Court, Irinjalakkuda to Family Court, Ettumanoor.

3. Suffice to say that the marital relationship between the petitioner and the respondent ran into rough weather and litigations began. Both instituted proceedings against each other. The petitioner has instituted proceedings before the Family Court, Ettumanoor and the respondent has instituted O.P.No.963/2014 and G.O.P.No. 1/2015 before the Family Court, Irinjalakkuda.

-24.

It is true that in the petitions, it is stated that the petitioner is working in Irinjalakkuda though at the time of argument, the learned counsel for the respondent says that she is actually working in Amballoor. Taking aid of this statement, it is pointed out by the learned counsel for the respondent that no additional expenses is to be incurred by the respondent since she has to come everyday to Irinjalakkuda and she can come to court also. 5.

The learned counsel appearing for the petitioner points out that she already applied for a transfer to her native place. Moreover, it is pointed out that one of the petitions is pending before the Family Court, Ettumanoor, it is only appropriate that all the matters be tried by the same court to avoid conflict of decision.

6.

After having given anxious consideration to various aspects, it is felt that it is only just and proper that these petitions be transferred to Family Court, Ettumanoor.

-3These petitions are allowed and O.P.No.963/2014 and G.O.P.No. 1/2015 pending before the Family Court, Irinjalakkuda shall stand transferred to Family Court, Ettumanoor.

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