High Court of KeralaTr.P(C)/57/2015allowed

Remya v. Sobish

2015-02-27Honourable Mr.Justice P.Bhavadasan3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN FRIDAY, THE 27TH DAY OF FEBRUARY 2015/8TH PHALGUNA, 1936 Tr.P(C).No. 57 of 2015 -------------------------- (TO TRANSFER OP 1365/2014 FROM FAMILY COURT,THRISSUR TO FAMILY COURT, OTTAPALAM) PETITIONER:

-------------- REMYA, AGED 26 YEARS D/O.AYYAPPAN, PLACHIKKATTITHODI HOUSE, AMBALAKAVU, PANAMANNA POST, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.R.SREEHARI RESPONDENT:

---------------- SOBISH, 38 YEARS, S/O.SUKUMARAN, KANNAKULATH HOUSE, MUKKATTUKARA DESOM NETTISSERY VILLAGE AND POST THRISSUR TALUK AND DISTRICT PIN-680 651.

BY ADV. SRI.VINAY RAMDAS THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P.BHAVADASAN, J.

------------------------------------------------- Transfer Petition (Civil) No.57 OF 2015 ------------------------------------------------- Dated this the 27th day of February, 2015.

O R D E R

This is a petition filed under Section 24 of the Code of Civil Procedure seeking to have O.P.No.1365/2014 pending before Family Court, Thrissur transferred to Family Court, Ottapalam.

2. Suffice to say that, the marital relationship between the petitioner and the respondent became bitter and litigations began. The petitioner has instituted MC proceedings before the Family Court, Ottapalam and it is pending consideration. While so, the respondent instituted O.P.No.1365/2014 before Family Court, Thrissur.

3. The petitioner points out that she is a permanent resident of Ottapalam and she finds it extremely difficult to come over to Family Court, Thrissur to attend the case. She also says that there is nobody to accompany her to go to Family Court, Thrissur and she is financially unsound. It is also pointed that a matter is already pending before Family Court, Ottapallam and it

T.P.(C) No.57/2015 is only proper that the matter pending before Family Court, Thrissur is transferred to Family Court, Ottapalam so that the matters can be decided by the same court since common issue may arise for consideration.

4. Though notice was served on the respondent, no objection is seen filed.

In the result, this petition is allowed and O.P.No.1365/2014 pending before Family Court, Thrissur shall stand transferred to Family Court, Ottapalam.

Sd/- P.BHAVADASAN JUDGE smp