Gayathri Devi.S v. Sivaraman P.P

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 31ST DAY OF AUGUST 2015/9TH BHADRA, 1937 Tr.P(C).No. 267 of 2015 () --------------------------- (TO TRANSFER IN OP.NO. 185/2015 OF FAMILY COURT, VADAKARA TO THE FAMILY COURT, ALAPPUZHA) ------------ PETITIONER :

---------------------- GAYATHRI DEVI, D/O.SIDHARTHAN, AGED 38 YEARS, SREE SUDHA BHAVAN, SANATHANAM WARD, ALAPPUZHA- 688 001.

BY ADV. SRI.R.AZAD BABU RESPONDENT :

------------------------- SIVARAMAN P.P, S/O.SANKARAN, AGED 44 YEARS, ENGINEER, PULIYULLA PARAMBATHU HOUSE, PURAMERI AMSAM AND DESAM, P.O, PURAMERI, VIA, VADAKARA, KOZHIKODE DISTRICT -673 503.

BY ADVS. SRI.T.REMESH BABU SRI.C.K.SREEJITH THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31-08-2015, ALONG WITH TR.P(C).NO. 413 OF 2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

Tr.P(C).No. 267 of 2015 APPENDIX PETITIONER'S ANNEXURES:

ANNEX 1 COPY OF THE PETITION IN O.P.NO.185 OF 2015 OF FAMILY COURT, VADAKARA.

ANNEX 2 COPY OF THE NOTICE IN -DORESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO JUDGE sts

A. MUHAMED MUSTAQUE, J.

................................................. Tr.P.(C) Nos. 267 & 413 of 2015 ............................................... Dated this the 31st day of August, 2015

JUDGMENT

Tr.P.(C) No.267 of 2015 is filed by the wife and Tr.P.(C) No.413 of 2015 is filed by the husband and others.

2.The wife has filed an original petition before the Family Court, Alappuzha for return of the gold ornaments and money. This was registered as O.P.(C) No.396 of 2015 on the file of Family Court, Alappuzha.

3.The husband and others filed O.P.(C) No.185 of 2015 on the file of Family Court, Vadakara for declaration of marriage as a nullity.

4.Admittedly, the wife is a resident of Alappuzha and the husband is working abroad. This Court is of the view that there are common issues, which would required to be tried in both cases. Both cases are to be transferred to a common place. The husband has no objection in transferring the case to Ernakulam.

Tr.P.(C) Nos. 267 & 413 of 2015 5.Considering the interest of both parties, this Court finds that both cases are to be transferred to the Family Court, Ernakulam. Accordingly, following directions are issued : i. O.P.No.185 of 2015 on the file of the Family Court, Vadakara is transferred to Family Court, Ernakulam.

ii. O.P.No.396 of 2015 on the file of the Family Court, Alappuzha is also transferred to Family Court, Ernakulam.

iii.Both parties are directed to appear before the Family Court, Ernakulam on 05.10.2015.

sd/- A. MUHAMED MUSTAQUE JUDGE AMV/31/08/