High Court of KeralaTr.P(C)/393/2014allowed

Shamma v. Ajeeb S.

2015-02-04Honourable Mr.Justice P.Bhavadasan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN WEDNESDAY, THE 4TH DAY OF FEBRUARY 2015/15TH MAGHA, 1936 Tr.P(C).No. 393 of 2014 -------------------------------- OP(GW) 440/2014 of FAMILY COURT, KOTTARAKKARA ---------------- PETITIONER(S):

---------------------- SHAMNA, AGED 30 YEARS, D/O.ABDUL MAJEED, T.C.NO.2/341(2), PILLA VEEDU NAGAR KESAVADASAPURAM, PATTOM P.O., THIRUVANANTHAPURAM.

BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT(S):

------------------------ AJEEB S.

S/O.SAINULABUDHEEN, THANALIL, KUNNIKKODE MURI VILAKKUDI VILLAGE, PATHANAPURAM TALUK, KOLLAM-689695.

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

Tr.P(C).No. 393 of 2014 -------------------------------- APPENDIX PETITIONERS' ANNEXURE'S ----------------------------------------- ANNEXURE 1: COPY OF OP.(GW)NO.440/2014 PENDING ON THE FILE OF FAMILY COURT, KOTTARAKKARA ANNEXURE II: COPY OF MC.NO.201/2014 PENDING ON THE FILE OF FAMILY COURT, THIRUVANANTHAPURAM.

ANNEXURE III: TRUE COPY OF MEDICAL CERTIFICATE ISSUED FROM SKIN CARE MED SPA HOSPITAL, THIRUVANANTHAPURAM DATED 25/7/14. RESPONDENTS' ANNEXURE ----------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

P. BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - Tr.P.(C). No. 393 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of February, 2015.

ORDER

This is a petition filed under Section 24 of the Code of Civil Procedure seeking transfer of O.P.(G & W) No. 440 of 2014 from Family Court, Kottarakkara to Family Court, Thiruvananthapuram.

2. Suffice to say that the marital relationship between the petitioner and the respondent ran into rough weather and litigations began. The petitioner has instituted M.C. 201 of 2014 before Family Court, Thiruvananthapuram seeking maintenance. It is pointed out that as a retaliatory measure the respondent has filed O.P.(G & W) 440 of 2014 before Family Court, Kottarakkara for custody of the child. The petitioner would point out that she finds it difficult to go over to Kottarakkara to attend the court on all posting dates. It is also pointed out that she is not financially very

Tr.P.(C).393/2014.

sound and there is nobody to accompany her and also that she has a child to take care of. Therefore, she prays for a transfer of the case to Family Court, Thiruvananthapuram.

3. Even though notice was served on the respondent, there is no appearance.

This petition is allowed and O.P. (G & W) 440 of 2014 pending before Family Court, Kottaakkara shall stand transferred to Family Court, Thiruvananthapuram. P. BHAVADASAN, sb.

JUDGE