High Court of KeralaTr.P(C)/436/2014allowed

Sajinimol v. Jayesh S.

2015-01-06Honourable Mr.Justice P.Bhavadasan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN TUESDAY, THE 6TH DAY OF JANUARY 2015/16TH POUSHA, 19361 Tr.P(C).No. 436 of 2014 ---------------------------------- OP(HMA) 66/2014 of FAMILY COURT, KOTTAYAM * CORRECTED * OP (HMA) NO.66/2014 OF FAMILY COURT, ETTUMANNUR IS CORRECTED AS OP (HMA)NO.661/2014 VIDE ORDER DATYED 17/12/2014 IN IA.NO.3082/2014 ------------ PETITIONER(S):

---------------------- SAJINIMOL GOPI, AGED 29 YEARS D/O.GOPI T.K., MAYLAMMOOTTIL HOUSE, MANJADI P.O. THIRUVALLA PATHANAMTHITTA DISTRICT (PRESENTLY RESIDING AT MYLAMMOOTTIL HOUSE CHEMBAKKARA, KARUKACHAL, CHANGANASSERY.

BY ADV. SRI.K.N.RADHAKRISHNAN (THIRUVALLA) RESPONDENT(S):

------------------------- JAYESH S., AGED 29 YEARS S/O.SASIDHARAN M.K.NAIR, PANTHAMACKAL HOUSE KOOTHRAPPALLI P., KARUKACHAL, CHANGANASSERRY TALUK KOTTAYAM DISTRICT-686540.

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

Tr.P(C).No. 436 of 2014 ---------------------------------- APPENDIX PETITIONERS' ANNEXURE -------------------------------------- ANNEXURE 1: PHOTOCOPY OF THE OP (HMA)NO.66 OF 2014 (CORRECTED) OF THE FAMILY COURT, KOTTAYAM DATED 11/6/4.

RESPONDENTS ANNEXURE --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

P. BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - Tr.P.(C). No. 436 of 2014 - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of January, 2015.

ORDER

This is a petition filed under Section 24 of the Code of Civil Procedure seeking transfer of O.P. (HMA). 661 of 2014 from Family Court, Kottayam to Family Court, Thiruvalla to be tried along with M.C. No. 45 of 2014 pending before the latter court.

2. The marital relationship between the petitioner and the respondent ran into rough weather and both initiated legal proceedings. The petitioner instituted M.C. No. 45 of 2014 before the Family Court, Thiruvalla. The respondent instituted O.P. (HMA) 661 of 2014 before Family Court, Kottayam for restitution of conjugal rights.

3. The petitioner points out that she finds it difficult to go over to Kottayam to attend the court on all posting dates. According to her, there is nobody to

Tr.P.(C).436/2014.

accompany her and she is in financial difficulties. It is also pointed out that there is already a proceedings pending before Family Court, Thiruvalla and in that case the respondent has to appear and therefore, no additional burden will be caused to the respondent if the matter is transferred to Family Court, Thiruvalla.

4. Though notice was served on the respondent, there is no appearance.

In the result, this petition is allowed, and O.P.(HMA) 661 of 2014 pending before the Family Court, Kottayam shall stand transferred to Family Court, Tjhiruvalla to be tried along with M.C. 45 of 2014.

P. BHAVADASAN, JUDGE sb.