Usha Kumari.D v. Devuthy

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. 39 of 2015 () -------------------------- TRANSFER OF OP 571/2014 BEFORE FAMILY COURT, NEDUMANGAD TO FAMILY COURT, THIRUVANANTHAPURAM PETITIONER(S)/PETITIONER :

-------------------------------------------------- USHA KUMARI.D, AGED 42 YEARS D/O. DEVAKI, SR.TRACK WOMAN, DESPATCH SECTION DIVISIONAL RAILWAY MANAGER'S OFFICE, THYCAUD THIRUVANANTHAPURAM.

BY ADV. SRI.K.RAJESH KANNAN RESPONDENT(S)/COUNTER PETITIONERS :

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1. DEVUTHY, AGED 19 YEARS D/O. DEVABALAN, DEVU NIVAS, PATTAKULAM VEERANAKAVU P.O., KATTAKADA THIRUVANANTHAPURAM-695 026.

2. DEVABALAN, AGED 53 YEARS S/O. SREEDHARAN, KAVUVILA VEEDU, PATTAKULAM VEERANAKAVU P.O., KATTAKADA THIRUVANANTHAPURAM-695 026.

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ds

P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - Tr.P.(C) No. 39 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of March, 2015

O R D E R

This is a petition filed under Section 24 of the C.P.C. seeking to have O.P.No.571/2014 pending before the Family Court, Nedumangad transferred to Family Court, Thiruvananthapuram.

2.

It is disclosed by the petitioner that O.P.No.571/2014 was initially filed before the Family Court, Thiruvananthapuram which was transferred to Family Court, Nedumangad as Thiruvananthapuram Family Court has no jurisdiction over the same as the property is situated in Nedumangad. Two petitions between the parties have been pending in Family Court, Thiruvanathapuram and the petitioner now seeks transfer of O.P.No.571/2014 from the Family Court, Nedumangad to Family Court, Thiruvanathapuram. It is pointed out that one of the petitions filed by her husband has already been transferred

Tr.P.(C) No. 39 of 2015 -2from Family Court, Nedugmangad to Family Court, Thiruvanathapuram. The petitioner feels that it is only just and proper that all these petitions have been disposed of by the same court to avoid conflict of decision. 3.

Even though notice has been served on the respondents, there is no appearance on their behalf. Since there is no objection, this petition is allowed and O.P.No.571/2014 pending before the Family Court, Nedumangad shall stand transferred to Family Court, Thiruvananthapuram.

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