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High Court of KeralaTr.P(C)/318/2015allowed

Vidya J.S. v. Sreejith N.S.

2015-11-04Honourable Mr. Justice K.Abraham Mathew3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 4TH DAY OF NOVEMBER 2015/13TH KARTHIKA, 1937 Tr.P(C).No. 318 of 2015 () --------------------------- AGAINST THE ORDER/JUDGMENT IN OP 529/2015 of FAMILY COURT,ERNAKULAM ----------------------------------- PETITIONER(S)/RESPONDENT:

--------------------------------------------- VIDYA J.S. AGED 30 YEARS D/O N.JANARDANA SHARMA, RADHANIVAS, CLAPPANA P.O. KARUNAGAPPALLY, KOLLAM DISTRICT.

BY ADVS.SRI.S.SANAL KUMAR SRI.M.T.SURESHKUMAR SMT.T.J.SEEMA SMT.BHAVANA VELAYUDHAN SMT.SMITHA PHILIPOSE RESPONDENT(S)/PETITIONER:

--------------------------------------------- SREEJITH N.S., AGED 39 YEARS S/O LATE SREEDHARAN NAMBOODIRI, NELLUVELI MANA, D1 SPICE GARDENS, THAMARAMKULANGARA, TRIPUNITHURA-682301. R1 BY ADV. SRI.N.M.VARGHESE THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Tr.P(C).No. 318 of 2015 () ANNEXURE PETITIONER'S EXHIBITS:

----------------------------------- ANNEXURE.1-TRUE COPY OF THE M.C.NO.90/2015 FILED BY THE PETITIOENR BEFORE THE FAMILY COURT, CHAVARA, DATED 28.05.2015. ANNEXURE-A2-TRUE COPY OF THE O.P.NO.529/2015 FILED BY THE RESPONDENT BEFORE THE FAMILYC OURT, ERNAKULAM, DATED 17.03.2015. RESPONDENT'S EXHIBITS:

NIL ------------------------------------- R.AV //True Copy// PA to Judge

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - Tr.P.(C)No.318 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of November, 2015

O R D E R

Petitioner is the wife of the respondent, who has filed OP.529 of 2015 in Family Court, Ernakulam. The prayer is to transfer it to Family Court, Chavara.

2.

Heard.

3.

The petitioner is a resident of Karunagappally. She is 30 years. She has to look after her three year old son. She is residing with her parents. So I have no doubt that it is too inconvenient for her to appear before the court at Ernakulam. That apart, MC.90 of 2015 filed by her against the respondent is pending in Family Court, Chavara. It is only proper that the two matters are enquired into by the same court. For these two reasons I am inclined to grant the prayer of the petitioner. In the result, this transfer petition is allowed. OP.529 of 2015 of Family Court, Ernakulam is transferred to Family Court, Chavara, which shall issue notice to both parties for their appearance.

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge