Simi @ Annamma v. Nishanth Thomas

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN THURSDAY, THE 15TH DAY OF JANUARY 2015/25TH POUSHA, 1936 Tr.P(C).No. 309 of 2014 --------------------------- TO TRANSFER OP 334/2014 OF FAMILY COURT, KOZHIKODE TO FAMILY COURT, KOTTAYAM AT ETTUMANOOR.

.........

PETITIONER:

------------------- SIMI @ ANNAMMA, D/O. THOMAS, OONNUKALLUTHOTTIYIL HOUSE, KATTACHIRA, KOTTAYAM.

BY ADV. SRI.M.J.THOMAS RESPONDENT:

--------------------- NISHANTH THOMAS @ JOSEPH, S/O. THOMAS, KEERAMBANAL HOUSE, KOODARANJI, KOZHIKODE- 673 604.

BY ADVS. SRI.V.V.SURENDRAN SRI.P.A.HARISH THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

Tr.P(C).No. 309 of 2014 -------------------------------- APPENDIX PETITIONER'S ANNEXURES:

---------------------------------------- ANNEXURE 1 :

TRUE COPY OF THE PETITION IN OP NO.334/2014 OF THE FAMILY COURT, KOZHIKODE.

RESPONDENT'S ANNEXURES:

- NIL ------------------------------------------- /TRUE COPY/ P.S. TO JUDGE mbr/

P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - Tr.P.(C) No. 309 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of January, 2015

O R D E R

This is a petition filed under Section 24 of the C.P.C. seeking to have O.P.No.334/2014 pending before the Family Court, Kozhikode transferred to Family Court, Ettumanoor. 2.

Suffice to say that the marital relationship between the parties has become strained and that gave rise to the litigations. O.P.No.334/2014 has been filed by the respondent for dissolution of marriage before the Family Court, Kozhikode.

3.

The petitioner says that she is a resident of Kottayam and she finds it extremely difficult to go to Kozhikode to attend the routine posting of the case. She also points out that she has nobody to accompany her and she is not financially sound. Under these circumstances, she prays for a transfer to the Family Court, Ettumanoor.

Tr.P.(C) No. 309 of 2014 -24.

The learned counsel appearing for the respondent opposed the petition.

5.

After having heard the learned counsel on both sides and after having given bestowed attention to various aspects, it is felt that it will be only appropriate to transfer the case to Family Court, Ernakulam so that both parties may not suffer much inconvenience.

6.

In the result, this petition is allowed and O.P.No.334/2014 pending before the Family Court, Kozhikode shall stand transferred to Family Court, Ernakulam.

The parties shall appear before the Family Court, Ernakulam on 19.02.2015.

Sd/- P.BHAVADASAN JUDGE ds //True copy// P.A. to Judge