Nisa v. Nasar

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN THURSDAY, THE 26TH DAY OF MARCH 2015/5TH CHAITHRA, 1937 Tr.P(C).No.94 of 2015 ------------------------------ OP NO.1093/2013 OF THE FAMILY COURT,MAVELIKKARA. ...

PETITIONER/RESPONDENT:

----------------------------------------- NISA,AGED 26 YEARS,D/O.ABDUL SALAM, VELAN PARAMBIL,ERUVA,KAYAMKULAM.

BY ADVS.SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT/PETITIONER:

----------------------------------------- NASAR,AGED 34 YEARS,S/O.KOYAKUTTY, KUZHIKALATHARA VADAKKATHIL, THAZHAVA P.O.,KARUNAGAPPALLY, KOLLAM DISTRICT-690 523.

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

pk

Tr.P(C).No.94 of 2015 ------------------------------ APPENDIX PETITIONER'S ANNEXURES:

ANNEXURE 1:COPY OF THE ORIGINAL PETITION IN O.P NO.1093/2013 FILED BY THE PETITIONER PENDING BEFORE THE FAMILY COURT, MAVELIKKARA.

ANNEXURE 2:COPY OF THE O.P.NO.629/14 FILED BY THE RESPONDENT PENDING BEFORE THE FAMILY COURT,CHAVARA.

RESPONDENT'S ANNEXURES:

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

P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - Tr.P.(C) No. 94 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th 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. 629/2014 pending before Family Court, Chavara transferred to Family Court, Mavelikkara. 2.

Suffice to say that the marital relationship between the petitioner and the respondent ran into rough weather and proceedings were initiated by both the parties. The petitioner has instituted O.P.No. 1093/2013 before Family Court, Mavelikkara. The petitioner pointed out that as a retaliatory measure, the respondent instituted O.P.No. 629/2014 before Family Court, Chavara for restitution of conjugal rights. The petitioner points out she finds it extremely difficult to go over to Chavara on every occasion when the case was posted as she has nobody to accompany her. She also says that she is financially unsound. Further she points out that it is only just and proper that all these

Tr.P.(C) No. 94 of 2015 -2petitions have been disposed of by the same court so as to avoid conflict of decision.

3.

Though notice was served on the respondent, he has not entered appearance.

Since no objection is seen filed by the respondent, this petition is allowed and O.P.No. 629/2014 pending before Family Court, Chavara shall stand transferred to Family Court, Mavelikkara.

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