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High Court of KeralaTr.P(C)/323/2015allowed

P.M. Manjula v. Radhakrishnan Nair

2015-08-13Honourable Mr. Justice B.Kemal Pasha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 13TH DAY OF AUGUST 2015/22ND SRAVANA, 1937 Tr.P(C).No. 323 of 2015 ----------------------------------- TO TRANSFER O.P.(HMA)NO.290 OF 2015 OF THE FAMILY COURT, ALAPPUZHA TO THE FAMILY COURT, KOZHIKODE ------------------------ PETITIONER(S) :

------------------------- P.M.MANJULA, AGED 38 YEARS, D/O.M.GOPALAKRISHNAN, RESIDING AT KRISHNA KRIPA, P.O.VENGERI, KOZHIKODE- 673 010.

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

---------------------------- RADHAKRISHNAN NAIR, AGED 47 YEARS, S/O.PARAMESWARAN NAIR, RESIDING AT PUTHEN VEEDU, SREEKANDAMANGLAM P.O, MUTTATHIPARAMBU, CHERTHALA, ALAPPUZHA- 688 527.

BY ADVS. SRI.SANTHOSH P.PODUVAL SMT.R.RAJITHA SMT.VINAYA V.NAIR THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

Tr.P(C).No. 323 of 2015 ----------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :

ANNEXURE A1:

TRUE COPY OF THE PETITION IN O.P.(HMA)NO.290 OF 2015 ON THE FILES OF THE FAMILY COURT, ALAPPUZHA.

RESPONDENT(S)' ANNEXURES :

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

Msd.

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` Tr.P.(C) No.323 of 2015 ````````````````````````````````````````````````````````````` Dated this the 13th day of August, 2015

O R D E R

~ ~ ~ ~ ~ ~ Petitioner wife seeks transfer of O.P.(HMA) No.290/2015 filed by the respondent husband before the Family Court, Alappuzha, to the Family Court, Kozhikode. According to the petitioner, she, along with her minor child and the aged parents, is residing at Kozhikode and she finds it difficult to travel all the way from Kozhikode to Alappuzha to attend the case.

2.

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

3.

The request of the learned counsel for the respondent is to transfer the case to the Family Court, Thrissur. The learned counsel for the petitioner has pointed out that there was an earlier round of litigation and the same was at the Family Court, Kozhikode. The request forwarded

TrPC.323/2015 : 2 :

by the respondent cannot be granted. This Court is of the view that it is only just and convenient in the interest of justice to transfer O.P.(HMA) No.290/2015 of the Family Court, Alappuzha, to the Family Court, Kozhikode. In the result, this Tr.P.(C) is allowed and O.P.(HMA) No.290/2015 pending before the Family Court, Alappuzha is ordered to be transferred to the Family Court, Kozhikode. Sd/- (B.KEMAL PASHA, JUDGE) aks/13/08 // True Copy // PA to Judge