Sanjay P. v. Veena

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH FRIDAY, THE 4TH DAY OF SEPTEMBER 2015/13RD BHADRA, 1937 Tr.P(C).No. 304 of 2015 () --------------------------- AGAINST THE ORDER IN OP 87/2015 of FAMILY COURT, PALA DATED PETITIONER(S)/RESPONDENT:

------------------------------------------------ SANJAY P.

S/O.PARAMESWARAN PILLAI, KUNNEL UTHRADATHIL BHARANIKAVU SOUTH MURI, KATTANA ALAPPUZHA PRESENTLY ATP.B.NO.1626, DUBAI UAEREP. BY HIS POWER OF ATTORNEY HOLDER PARAMESWARAN PILLAI, KUNNEL UTHRADATHIL BHARANIKAVU SOUTH MURI, KATTANAM, ALAPPUZHA.

BY ADVS.SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S)/PETITIONER:

-------------------------------------------------- VEENA D/O.VIMAL KUMAR, MANJU BHAVANAM, PULIYANOOR PALA, MEENACHIL, KOTTAYAM.

R1 BY ADV. SRI.P.C.HARIDAS THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-09- 2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Tr.P(C).No. 304 of 2015 () ---------------------------------- APPENDIX PETITIONER'S EXHIBITS ----------------------------------- ANNEXURE A1 : TRUE COPY OF THE ORDER IN Tr.P.C. NO.518/2013 ANNEXURE A2 : TRUE COPY OF THE ORDER IN W.P.(C). NO.21100/2011 ANNEXURE A3 : TRUE COPY OF THE TREATMENT DETAILS (NEPHROLOGY) ISSUED BY DR.GEORGY.K.NAINAN ANNEXURE A4 : TRUE COPY OF THE DISCHARGE CARD ISSUED FROM V.S.M.HOSPITAL RESPONDENT'S EXHIBITS ------------------------------------- //TRUE COPY// PA TO JUDGE

BABU MATHEW P. JOSEPH, J.

-------------------------------------- Tr.P.(C) No. 304 of 2015 ------------------------------------- Dated this the 4th day of September, 2015

O R D E R

This transfer petition has been filed for transferring O.P.No.87/2015 pending before the Family Court, Pala, to Family Court, Ettumanoor.

2.

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

3.

The petitioner is the husband and the respondent is the wife. The respondent has filed O.P.No.87/2015 before the Family Court, Pala, for restitution of conjugal rights. She has also filed O.P.No.1298/2011 before the Family Court, Ettumanoor, for recovering money and gold ornaments from the petitioner which was subsequently transferred to Family Court, Pala. Thereafter, as per Annexure A1 Order dated 20.6.2014 passed by this Court on Tr.P.(C) No.518/2013,

Tr.P.(C).No. 304 of 2015 it was transferred to Family Court, Ettumanoor. 3.

The petitioner is represented in the Court below by his Power of Attorney holder who is his father. The father is residing at Bharanickavu in Alappuzha District. He finds it difficult to travel from Bharanickavu to Pala for conducting the case. Earlier, a dispute in respect of the marital relationship between the parties had been disposed of by the Family Court, Ettumanoor. The learned counsel for the respondent submitted that the respondent has no objection in transferring O.P.No.87/2015 from Family Court, Pala, to Family Court, Ettumanoor.

4.

In view of the facts stated above, this Court is of the view that O.P.No.87/2015 pending before the Family Court, Pala, can be transferred to Family Court, Ettumanoor. In the result, this transfer petition is allowed by transferring O.P.No.87/2015 pending before the Family Court, Pala, to Family Court, Ettumanoor. Both the parties shall appear before the Family Court, Ettumanoor, on 30.9.2015. The Family Court, Pala shall send the

Tr.P.(C).No. 304 of 2015 records in O.P.No.87/2015 to the Family Court, Ettumanoor, without delay.

5.

The registry of this Court is directed to send a copy of this order to both the Family Courts at Pala and Ettumanoor.

Sd/- BABU MATHEW P. JOSEPH JUDGE //TRUE COPY// PA TO JUDGE