Samanwitha (Minor) v. Dr.V.K.Prasanth

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 26TH DAY OF OCTOBER 2015/4TH KARTHIKA, 1937 Tr.P(C).No. 322 of 2015 -------------------------------- OP 2207/2014 OF FAMILY COURT, ERNAKULAM ------------------- PETITIONER(S):

---------------------- SAMANWITHA PRASANTH (MINOR), D/O.DR.PRASANTH, AGED 12 YEARS, REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN ADV.SREELAKSHMY.S, D/O.DR.SETHUMADHAVAN, AGED 41 YEARS, RESIDING AT KUNNAMPILLY, M.G.ROAD, ERNAKULAM 682 016.

BY ADVS.SRI.S.K.PREMRAJ SRI.C.ANILKUMAR (KALLESSERIL) RESPONDENT(S):

------------------------- DR.V.K.PRASANTH, AGED 44 YEARS, S/O.LATE R.K.K.NAIR, C/O.MEDICO CLINIC, PO BOX 3892, NAIF ROAD, DEIRA , DUBAI, UNITED ARAB EMIRATES.

BY ADVS. SRI.C.S.DIAS SRI.N.K.SUBRAMANIAN SMT.B.BINDU THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

Tr.P(C).No. 322 of 2015 -------------------------------- APPENDIX PETITIONERS' ANNEXURES ---------------------------------------- A1:

TRUE COPY OF THE PETITION IN OP.2207/14 ON THE FILES OF THE FAMILY COURT, ERNAKULAM.

RESPONDENTS' ANNEXURES ------------------------------------------ R1(A): TRUE COPY OF ORDER IN CMP.4483/14 IN MC.19/14 OF THE CHIEF JUDICIAL MAGISTRATE COURT ERNAKULAM DATED 9/10/14 R1(B): TRUE COPY OF ORDER IN CMP.4484/14 IN MC.19/14 OF THE CHIEF JUDICIAL MAGISTRATE COURT ERNAKULAM DATED 9/10/14 / TRUE COPY / P.S. TO JUDGE PJ

B. KEMAL PASHA, J.

................................................................ Tr.P.(C) No.322 of 2015 ............................................................... Dated this the 26th day of October, 2015

O R D E R

The minor petitioner seeks maintenance from the respondents through O.P.No.2207/14 of the Family Court, Ernakulam. The minor is represented by her mother as next friend. The mother of the minor, who is the wife of the respondent, is a practicing lawyer at Ernakulam. She finds it difficult to conduct the case before the Family Court, Ernakulam. On that ground, she seeks for a transfer of the case to the Family Court, Thrissur.

2. The said request for transfer is opposed by the respondent. At the same time, it has come out that the respondent is in Dubai. In such a case, it will not make any

Tr.P.(C) 322 of 2015 -: 2 :- difference even if the case is transferred. Considering the said aspect, this Court is of the view that it is just and convenient in the interest of justice to transfer the case to the Family Court, Thrissur.

In the result, this Tr.P.(C) is allowed, and O.P.No.2207/2014 of the Family Court, Ernakulam is transferred to the Family Court, Thrissur.

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