High Court of KeralaTr.P(C)/352/2015disposed of

Vijitha C.V. v. Ratheesh

2015-10-26Honourable Mr. Justice K.Abraham Mathew2 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 26TH DAY OF OCTOBER 2015/4TH KARTHIKA, 1937 Tr.P(C).No. 352 of 2015 --------------------------- AGAINST THE ORDER/JUDGMENT IN OP 302/2015 of FAMILY COURT, MALAPPURAM PETITIONER:

-------------------------- VIJITHA C.V, AGED 30 YEARS D/O VIJAYAN, CHAKKUPARAMBIL HOUSE, MANGALAM VADAKKANCHERI, THRISSUR- 680 582 BY ADVS.SRI.S.RAMESH SRI.NAVEEN.T SMT.POOJA SURENDRAN RESPONDENTS:

------------------------

1. RATHEESH.P, AGED 34 YEARS, S/O. MADHAVAN, PALLIPARAMBIL HOUSE, MELATTUR POST MELATTUR AMSOM DESOM & VILLAGE PERINTHALMANNA TALUK - 679 326

2. RAJESH, S/O. CHANDRAN, CHAKKUMCHATHU PARAMBIL, MANGALAM VADAKKANCHERI, THRISSUR 680 582

3. SRI. SAJITH S/O NARAYANAN, THEKKUMPADAM HOUSE VADAPURAM, WANDOOR PO, MALAPPURAM- 679 328

4. SRI. ANEESH CHACKO, S/O NEDUPOYIL CHACHO, AGED 33 YEARS, CPO, WANDOOR 679 328 R1 BY ADVS. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-102015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: cms

K.ABRAHAM MATHEW J.

-------------------------------------------------------- Tr.P.(C) No.352 of 2015 -------------------------------------------------------- Dated this the 26th day of October, 2015

ORDER

Petitioner is the wife of the first respondent. He has filed OP No.302 of 2015 in Family Court, Malappuram for divorce on the allegation of adultery and cruelty. The other respondent is said to be her adulterer. Her prayer is to transfer the OP to Family Court, Thrissur.

2. Heard.

3. The petitioner resides at Mangalam in Vadakkancherry. The second respondent who is said to be one of her adulterer resides at Thrissur. The reason for seeking the transfer is that the petitioner has to travel about 80 KM to reach the Family Court. It is true that it is inconvenient for her to appear before the court at Malappuram. But as the second respondent is residing at Thrissur, I am not inclined to transfer the case to Family Court, Thrissur. Instead the O.P will be transferred to Family Court, Ottappalam.

In the result, this Transfer Petition is allowed. OP No.302 of 2015 of Family Court, Malappuram is transferred to Family Court, Ottappalam. Both parties shall appear before that Court on 14.12.2015. If the second respondent has entered appearance in the Original Petition notice shall be issued to him to appear on that date.

Sd/- K.ABRAHAM MATHEW JUDGE cms /True copy/ P.S.to Judge