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High Court of KeralaTr.P(C)/455/2014allowed

Remya Mol K.M. v. Bajeesh S.

2015-11-02Honourable Mr. Justice K.Abraham Mathew4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 2ND DAY OF NOVEMBER 2015/11TH KARTHIKA, 1937 Tr. P. (C).No. 455 of 2014 ---------------------------------- O.A. No.809/2013 OF FAMILY COURT,KOZHIKODE PETITIONER:

------------------ REMYA MOL K.M., AGED 24 YEARS, D/O. MOHANAN, KALATHIL HOUSE, VELOOR P.O., KOTTAYAMA DISTRICT.

BY ADVS. SRI. S.K.BALACHANDRAN SMT. N.D.DEEPA RESPONDENT(S):

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

1. BAJEESH S., AGED 27 YEARS, S/O. GOPALAN, CHALIL HOUSE, CHULLIKKAPARAMBU, CHERUVADI P.O., KOZHIKODE DISTRICT - 686 001.

2. ANOOP P.R., 6/419, (4/335), PARUMALA, NEENDOOR CENTRAL, NEEDOOR P.O., KOTTAYAM - 686 601. R1 BY ADV. SRI. JESWIN P.VARGHESE THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Tr. P. (C).No. 455 of 2014 ----------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE A-1:

COPY OF THE FIR IN CRIME No.1155/2013 OF KOTTAYAM WEST POLICE STATION.

ANNEXURE A-2:

COPY OF O.A. No.809/13 ON THE FILE OF THE FAMILY COURT, KOZHIKODE ALONG WITH NOTICE.

RESPONDENT(S)' EXHIBITS --------------------------------------- ANNEXURE R1(a):

COPY OF THE TREATMENT CERTIFICATE ISSUED FROM HIGHLIFE AYURVEDIC MULTI-SPECIALITY HOSPITAL, MUKKAM, KOZHIKODE DATED 15.10.2014.

//TRUE COPY// P.A. TO JUDGE ww

K. ABRAHAM MATHEW, J.

-------------------------------------------------- Tr.P.(C) No.455 of 2014 ---------------------------------------------- Dated this the 2nd day of November, 2015

ORDER

Petitioner is the wife of the 1st respondent. He has filed O.A.No.809/2013 in Family Court, Kozhikode. The request is to transfer it to Family Court, Kottayam at Ettumanoor.

2.

Heard.

3.

The learned counsel for the respondent submits that the respondent suffers from back pain and he cannot undertake a long journey. He has produced a certificate from an Ayurveda Hospital to prove it. He is only 27. The documents shows that he was undergoing treatment as an out patient. But even the nature of his illness is not shown in the document. There is a railway station very close to the Family Court at Ettumanoor. The petitioner is only 24. She is jobless. It is hard to ask her to travel all

Tr.P.(C) No.455 of 2014 the way from Kottayam to Kozhikode. So I am inclined to grant her prayer.

In the result, this petition is allowed. O.A. No.809/2013 of Family Court, Kozhikode is transferred to Family Court, Kottayam, which shall issue notice to both parties for their appearance.

Sd/- K. ABRAHAM MATHEW JUDGE ww/03/11/2015