Smitha C.R. v. D.Reghunath

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 28TH DAY OF MAY 2015/7TH JYAISHTA, 1937 Tr.P(C).No. 120 of 2015 --------------------------- TO TRANSFER OA 936/2014 OF FAMILY COURT, KOZHIKODE TO FAMILY COURT, ERNAKULAM.

.........

PETITIONER:

------------------- SMITHA C.R., AGED 37 YEARS, W/O.REGHUNATH, CHAKKALAKKAL PARAMBIL HOUSE, KANICHIRA COLONEY, KUREEKAD P.O., CHOTTANIKKARA, ERNAKULAM DISTRICT.

BY ADVS.SRI.M.K.DILEEPAN SMT.P.SUMITHRA RESPONDENT:

---------------------- D.REGHUNATH, AGED 42 YEARS, S/O.DASAN, AKUNTHUTHODIYIL HOUSE, MANGAVU P.O., KOZHIKODE DISTRICT, PIN - 673 007. BY ADV. SRI.M.SANJEEVE THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P(C).No. 120 of 2015 ------------------------------- APPENDIX PETITIONER'S ANNEXURES:

---------------------------------------- ANNEXURE A1 :

TRUE COPY OF THE COMPLAINT FILED BY PETITIONER BEFORE JFCM COURT, KOLENCHERRY.

ANNEXURE A2 :

TRUE COPY OF THE ORIGINAL APPLICATION FILED BY THE RESPONDENT.

ANNEXURE A3 :

TRUE COPY OF THE RATION CARD ISSUED TO PETITIONER DATED 6.6.2011.

ANNEXURE A4 :

TRUE COPY OF THE ADAR CARD ISSUED TO RESPONDENT. ANNEXURE A5 :

TRUE COPY OF THE IDENTITY CARD ISSUED TO RESPONDENT DATED 14.2.2006.

RESPONDENT'S ANNEXURES:

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

B.KEMAL PASHA, J.

................................................................ T.R.P.(C) No.120 of 2015 ............................................................... Dated this the 28th day of May, 2015

O R D E R

The petitioner is the respondent in O.A.No.936/2014 pending before the Family Court, Kozhikode, filed by her husband as petitioner seeking dissolution of marriage. According to the petitioner, her marriage with the respondent herein was conducted at the premise of Ernakulam Siva Temple on 25.01.1998. The petitioner is permanently residing at Ernakulam. She has sought for a transfer of OA 936/2014 of the Family Court, Kozhikode to the Family Court, Ernakulam.

2.

Notice has been served on the respondent. There is no representation for the respondent. In order to

Tr.P.(C) 120 of 2015 -: 2 :- defend O.A.No.936/2014, presently the petitioner has to travel all the way from Ernakulam to Kozhikode. Considering the submissions made by the learned counsel for the petitioner and on going through the facts and circumstances of the case, this Court is of the view that there is no reason to deny the relief sought for. In the result, this Transfer Petition is allowed and O.A.No.936 of 2014 pending before the Family Court, Kozhikode is transferred to the Family Court, Ernakulam. Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge