K.Aishyarya v. Srinath Swaminathan

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 22ND DAY OF JULY 2015/31ST ASHADHA, 1937 Tr.P(C).No. 222 of 2015 ----------------------------------- TO TRANSFER O.P.NO.229/2015 OF THE FAMILY COURT, PALAKKAD TO FAMILY COURT, KOZHIKODE ---------------------- PETITIONER(S) :

------------------------- K.AISHYARYA, AGED 29 YEARS, D/O.K.JAYACHANDRAN, FLAT NO.31, HILITE EMINENCE APARTMENTS, CHELAPPURAM (P.O), KOZHIKODE, PIN-673 002.

BY ADV. SRI.JESWIN P.VARGHESE RESPONDENT(S) :

---------------------------- SRINATH SWAMINATHAN, S/O.C.SWAMINATHAN, "SRISAILAM", DOLPHIN NAGAR, SEKHARIPURAM (P.O), PALAKKAD DISTRICT, PIN-678 010. BY ADV. SMT.SADHANA KUMARI ESWARI THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

Tr.P(C).No. 222 of 2015 ----------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :

ANNEXURE A:

A TRUE COPY OF THE NOTICE ISSUED IN O.P.NO.229/2015 ON THE FILES OF FAMILY COURT, PALAKKAD.

RESPONDENT(S)' ANNEXURES :

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

Msd.

B. KEMAL PASHA, J.

................................................................ Tr.P.(C) No.222 of 2015 ............................................................... Dated this the 27th day of July, 2015

O R D E R

Petitioner is seeking the transfer of OP 229/2015 filed by the respondent husband seeking dissolution of marriage before the Family Court, Palakkad, to the Family Court, Kozhikode. The petitioner is residing with her 11⁄2 year old daughter, within the jurisdiction of the Family Court, Kozhikode.

2.

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

3.

It has come out that the respondent is working abroad. Still he is abroad. On hearing the learned counsel on either side and considering the facts and circumstances

Tr.P.(C) 222 of 2015 -: 2 :- of the case, this Court is satisfied that it is just and convenient in the interest of justice to transfer O.P.No.229 of 2015 of the Family Court, Palakkad to the Family Court, Kozhikode.

In the result, this Transfer Petition is allowed and O.P.No.229 of 2015 of the Family Court, Palakkad is transferred to the Family Court, Kozhikode.

Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge