Sangeetha K. Vishwanath v. Shreesh

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN FRIDAY, THE 13TH DAY OF FEBRUARY 2015/24TH MAGHA, 1936 Tr.P(C).No.322 of 2014 -------------------------------- (OP NO.270/2014 OF THE FAMILY COURT,ERNAKULAM). ......

PETITIONER/RESPONDENT:

----------------------------------------- SANGEETHA,AGED 31 YEARS,KIZHAKKE HOUSE, CHANDAKUNNU P.O.,NEAR MAYAMTHANI GROUND, NILAMBUR, MALAPURAM.

BY ADVS.SRI.P.SAMSUDIN SMT.NIMA JACOB RESPONDENT/PETITIONER:

----------------------------------------- SHREESH,AGED 37 YEARS,RESIDING AT BT-04, SUNSTONE APARTMENTS,JASWANT NAGAR, MOGAPPAIR WEST,CHENNAI,PIN-600059,TAMIL NADU. BY ADV.SRI.JEFF JOSEPH THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

pk

Tr.P(C).No.322 of 2014 -------------------------------- APPENDIX PETITIONER'S ANNEXURES:

ANNEXURE A1:TRUE COPY OF THE PETITION IN OP NO.270/2014 ON THE FILES OF FAMILY COURT,ERNAKULAM.

ANNEXURE A2:TRUE COPY OF THE PETITION IN OP 251/2014 ON THE FILES OF FAMILY COURT,MALAPPURAM.

ANNEXURE A3:TRUE COPY OF THE PETITION IN MC 153/2015 ON THE FILES OF FAMILY COURT,MALAPPURAM.

RESPONDENT'S ANNEXURES:

NIL.

//TRUE COPY// P.S. TO JUDGE pk

P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - Tr.P.(C) No. 322 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of February, 2015

O R D E R

This is a petition filed under Section 24 of C.P.C. seeking to have O.P.No. 270/2014 pending before the Family Court, Ernakulam transferred to Family Court, Malappuram. 2.

Suffice to say that the marital relationship between the petitioner and the respondent ran into rough weather and litigations began between the parties. The petitioner has filed O.P.No. 251/2014 before the Family Court, Malappuram. It is contended that as a retaliatory measure, the respondent has instituted O.P.No. 270/2014 before the Family Court, Ernakulam.

3.

It is pointed out by the petitioner that she is unable to come to Ernakulam on every posting date as she has nobody to accompany her and she is financially unsound. Apart from that, it is pointed out that as two of the matters are pending before the Family Court, Malappuram, it

Tr.P.(C) No. 322 of 2014 -2will be only appropriate that this petition be also tried and disposed of by the same court.

4.

The petition is strongly opposed by the respondent. But at the time of hearing, it has come out that the respondent is currently residing at Mumbai. 5.

Considering the inconvenience felt by the petitioner and also the fact that the respondent is residing at Mumbai, it is felt that the prayer for transfer made by the petitioner seems to be justifiable.

This petition is allowed and O.P.No. 270/2014 pending before Family Court, Ernakulam shall stand transferred to Family Court, Malappuram Sd/- P.BHAVADASAN JUDGE ds //True copy// P.A. to Judge