Divya K.R. v. Manikantan

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 22ND DAY OF JUNE 2015/1ST ASHADHA, 1937 Tr.P(C).No. 104 of 2015 --------------------------- TO TRANSFER OP(HMA) 387/2014 OF FAMILY COURT, ATTINGAL TO FAMILY COURT, KOTTARAKKARA TO TRY ALONG WITH O.P.NO.25/2015 AND OP(HMA) NO.143/2015. .........

PETITIONER:

------------------- DIVYA K.R., D/O. RAJAMMAL, PARAVILA PUTHEN VEEDU, NEELESWARAM P.O., KOTTARAKKARA, KOLLAM.

(FROM HOUSE NO.81, ASRAMAM WARD, ASRAMAM P.O., KOLLAM).

BY ADV. SRI.B.MOHANLAL RESPONDENT:

--------------------- MANIKANTAN, S/O. VEERABHADRAN ACHARI, KARTHIKEYAM, 28TH MILE, NAVAIKULAM, VETTIYARA P..O., PARIPPALLY, VARKALA TALUK, THIRUVANANTHAPURAM DISTRICT.

BY ADV. SRI.K.P.SUJESH KUMAR THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

Tr.P(C).No. 104 of 2015 -------------------------------- APPENDIX PETITIONER'S ANNEXURES:

ANNEXURE A1 :

THE TRUE COPY OF THE NOTICE ISSUED FROM THE FAMILY COURT, ATTINGAL IN O.P.NO.387/2014 FILED BY THE RESPONDENT AGAINST THE PETITIONER.

ANNEXURE A2 :

THE TRUE COPY OF THE APPLICATION O.P.NO.25/2015 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, KOTTARAKKARA AGAINST THE RESPONDENT.

ANNEXURE A3 :

THE TRUE COPY OF THE O.P.(HMA) NO.143/2015 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, KOTTARAKKARA AGAINST THE RESPONDENT.

RESPONDENTS' ANNEXURES:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

B.KEMAL PASHA, J.

................................................................ Tr.P.(C) No.104 of 2015 ............................................................... Dated this the 22nd day of June, 2015

O R D E R

Petitioner is the wife and respondent is the husband. Petitioner is seeking the transfer of OP(HMA) 387/2014 filed by the respondent pending before the Family Court, Attingal seeking restitution of conjugal rights, to the Family Court, Kottarakkara. The petitioner is residing at Kottarakkara. She has also filed OP 25/2015 and OP(HMA) 143/2015 before the Family Court, Kottarakkara against the respondent for recovery of gold ornaments, money etc. and for divorce.

2.

Heard learned counsel for the petitioner and the learned counsel for the respondent.

Tr.P.(C) 104 of 2015 -: 2 :- 3.

On considering the facts and circumstances and on hearing the learned counsel for the parties, this Court is satisfied that it is just and convenient in the interest of justice to transfer OP(HMA) 387/2014 of the Family Court, Attingal to the Family Court, Kottarakkara, for trial along with O.P.No.25/2015 and OP(HMA) 143/2015.

In the result, this Transfer Petition (Civil) is allowed and OP(HMA) 387/2014 of the Family Court, Attingal is transferred to the Family Court, Kottarakkara. Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge