Shijila A v. Sanu S

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 13TH DAY OF JULY 2015/22ND ASHADHA, 1937 Tr.P(C).No. 233 of 2015 ---------------------------------- TO TRANSFER O.P.(HMA)NO.1315/2014 OF FAMILY COURT, KOTTARAKKARA TO FAMILY COURT, KOZHIKODE ------------------------- PETITIONER(S)/RESPONDENT :

------------------------------------------------ SHIJILA A, AGED 26 YEARS, D/O.KELAPPAN, ALOTHUMKANDY, NOCHADU, NADUVATHOOR, KOYILANDI TALUK, NOW RESIDING AT AMBANADU ESTATE, AMBANANDU P.O., ARYANKAVU VILLAGE, PUNALUR TALUK.

BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S)/PETITIONER :

-------------------------------------------------- SANU S, AGED 26 YEARS, S/O.SOMAN, AMBANADU ESTATE, AMBANADU P.O., ARYANKAVU VILLAGE, PUNALUR TALUK- 691 305.

BY ADVS. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.MANU SEBASTIAN SRI.A.R.DILEEP THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

Tr.P(C).No. 233 of 2015 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :

ANNEXURE A:

COPY OF THE PETITION WHICH IS NUMBER AS O.P.(HMA)NO.1315/2014 ON THE FILE OF THE FAMILY COURT, KOTTARAKKARA.

RESPONDENT(S)' ANNEXURES :

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

Msd.

B.KEMAL PASHA, J.

==================== Tr.P.(C)No.233 of 2015 ===================== Dated this the 13th day of July, 2015

O R D E R

Petitioner wife seeks the transfer of O.P.(HMA)No.1315 of 2014 of the Family Court, Kottarakkara to the Family Court, Kozhikode. According to the petitioner, she along with her minor daughter aged around 2 years, is residing with her parents at her parental home at Koyilandy. It is not possible for her to travel all the way from Koyilandy to Kottarakkara to attend the case.

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

3. According to the learned counsel for the respondent, the address of the petitioner shown in the transfer petition itself denotes that she is residing in Aryankavu Village, which is within the jurisdiction of the Family Court, Kottarakkara. The learned counsel for the

Tr.P.(C)No.233 of 2015 petitioner has pointed out that the said address is of Ambanadu Estate, wherein her husband, the respondent, was working and she along with the child was residing with the respondent at the said Estate. After receipt of the notice in the matter she had no other go than to go to her parental house, where she is residing now.

4. On hearing either side and on considering the facts and circumstances of the case, this Court is satisfied that it is just and convenient in the interest of justice to effect the transfer as prayed for.

In the result, this Transfer Petition (Civil) is allowed and O.P.(HMA)No.1315 of 2014 of the Family Court, Kottarakkara is transferred to the Family Court, Kozhikode. Sd/- B.KEMAL PASHA JUDGE DSV/13/7/15