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High Court of KeralaTr.P(C)/47/2015allowed

Leema K.L. v. Varghese Sebastian @ Shaiju

2015-06-23Honourable Mr. Justice B.Kemal Pasha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 23RD DAY OF JUNE 2015/2ND ASHADHA, 1937 Tr.P(C).No. 47 of 2015 ------------------------------ OP 445/2014 OF FAMILY COURT, THIRUVALLA -------------------- PETITIONER(S):

---------------------- LEEMA K.L., AGED 27 YEARS, D/O.MATHEW, LIMYA BHAVAN, ARAPURAKKAL, AMBOORI P.O., NEYATTINKARA TALUK, THIRUVANANTHAPURAM.

BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT(S):

------------------------- VARGHESE SEBASTIAN @ SHAIJU,, AGED 29 YEARS, S/O.SEBASTIAN PHILIP, NEUBARATH MANNIL VEEDU, NIRANAM P.O., ILANJIKKAL, THIRUVALLA-689 621. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

Tr.P(C).No. 47 of 2015 ------------------------------ APPENDIX PETITIONER(S)' ANNEXURES ----------------------------------------- ANNEXURE I COPY OF OP.445/14 PENDING ON THE FILE OF FAMILY COURT, THIRUVALLA DTD.1/11/14 ANNEXURE II COPY OF MC.512/14 PENDING ON THE FILE OF FAMILY COURT NEDUMANGAD DTD.4/12/14.

RESPONDENT(S)' ANNEXURES -------------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

B.KEMAL PASHA, J.

................................................................ Tr.P.(C) No.47 of 2015 ............................................................... Dated this the 23rd day of June, 2015

O R D E R

Petitioner is the wife and the respondent is the husband. The respondent has filed OP 445/2014 before the Family Court, Thiruvalla seeking divorce. The petitioner has filed MC 512/2014 before the Family Court, Nedumangad seeking maintenance from the respondent. The petitioner is residing at Nedumangad. According to the petitioner, it is only with a view to harassing the petitioner, that the respondent has filed OP 445/2014 before the Family Court, Thiruvalla. The petitioner seeks for the transfer of OP 445/2014 from the Family Court, Thiruvalla to the Family Court, Nedumangad.

Tr.P.(C) 47 of 2015 -: 2 :- 2.

Even though notice has been served on the respondent, there is no representation. Heard learned counsel for the petitioner.

3.

On hearing the learned counsel for the petitioner and on considering the facts and circumstances of the case, this Court is satisfied that it is just and convenient in the interest of justice to transfer O.P.No.445 of 2014 of the Family Court, Thiruvalla to the Family Court, Nedumangad. In the result, this Transfer Petition is allowed and O.P.No.445 of 2014 of the Family Court, Thiruvalla is transferred to the Family Court, Nedumangad. Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge