Sinimol.N v. Ashok Kumar.V.S.

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. 228 of 2015 --------------------------- TRANSFERRING OP(HMA) 1012/2012 OF FAMILY COURT, THIRUVANANTHAPURAM TO THE FAMILY COURT, MUVATTUPUZHA.

..........

PETITIONER/RESPONDENT:

---------------------------------------- SINIMOL.N, D/O. NARAYANAN, RESIDING AT MADATHATTU HOUSE, AYAVANA P.O., ERANALLOOR VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT.

BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENT/PETITIONER:

---------------------------------------- ASHOK KUMAR.V.S., S/O. VELAYUDHAN NAIR, RSIDING AT APSARA, MUTTACAUD P.O., VENGANOOR, KOVALAM, THIRUVANANTHAPURAM DISTRICT, PIN - 695 523.

BY ADV. SRI.AYYAPPAN SANKAR THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

Tr.P(C).No. 228 of 2015 ------------------------------- APPENDIX PETITIONER'S ANNEXURES:

---------------------------------------- ANNEXURE A :

TRUE COPY OF O.P(HMA) NO.1012 OF 2012 PENDING BEFORE FAMILY COURT, THIRUVANANTHAPURAM.

RESPONDENT'S ANNEXURES:

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

B.KEMAL PASHA, J.

................................................................ T.R.P.(C) No.228 of 2015 ............................................................... Dated this the 28th day of May, 2015

O R D E R

The respondent in OP(HMA) 1012/2012 of the Family Court, Thiruvananthapuram has come up with this petition seeking a transfer of the said OP from the Family Court, Thiruvananthapuram to the Family Court, Muvattupuzha. According to the petitioner, she is residing at Muvattupuzha presently and it is very difficult for her to travel all the way from Muvattupuzha to Thiruvananthapuram for defending the said case. The said OP is one filed by her husband as petitioner for dissolution of marriage.

2.

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

Tr.P.(C) 228 of 2015 -: 2 :- 3.

The learned counsel for the respondent has pointed out that the petitioner was residing at Thiruvananthapuram and she had filed a maintenance case before the Family Court, Thiruvananthapuram against the present respondent as M.C.215/2012. She had all along appeared before the Family Court, Thiruvananthapuram for the said case and evidence was also adduced in the said case. Over and above it, in the mediation also she had participated at the Thiruvananthapuram Mediation Centre. According to the petitioner, presently, she has lost the job at Thiruvananthapuram and therefore, she had to shift from the rented premises at Thiruvananthapuram and had to take shelter at the family house with her brother at Muvattupuzha. It has come out that what remains in the OP is only the evidence to be adduced. The petitioner need only to be present before the Family Court at Thiruvananthapuram only on one day. The Family Court, Thiruvananthapuram shall specify a date for recording the

Tr.P.(C) 228 of 2015 -: 3 :- evidence of the petitioner herein and the same should not be adjourned in any manner otherwise than on the request of the petitioner herein. The evidence should be recorded on that date to be specified.

With the above direction, this Transfer Petition is dismissed.

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