Kuttan K.K v. Sruthy K.K

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 12TH DAY OF JUNE 2015/22ND JYAISHTA, 1937 Tr.P(C).No. 473 of 2014 --------------------------- TO TRANSFER OP 1364/2014 OF FAMILY COURT, ERNAKULAM TO FAMILY COURT IRINJALAKUDA.

.........

PETITIONER/RESPONDENT IN OP:

------------------------------------------------ KUTTAN K.K, AGED 53 YEARS, S/O. KUNJUMON, KOZHIPARAMBIL, P.O. PERINJANAM, KODUNGALLUR, THRISSUR DISTRICT.

BY ADVS.SRI.K.S.RAJESH SRI.M.SHAJU PURUSHOTHAMAN SRI.M.SUKUMARAN RESPONDENT/PETITIONER IN OP:

------------------------------------------------- SRUTHY K.K, AGED 24 YEARS, D/O. KUTTAN, KOZHIPARAMBIL, NOW RESIDING AT PONNEKKARA P.O., KANAYANNUR TALUK, ERNAKULAM DISTRICT -682 034.

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P(C).No. 473 of 2014 -------------------------------- APPENDIX PETITIONER'S ANNEXURES:

ANNEXURE A :

TRUE COPY OF THE OP 1364/2014 DATED NIL FILED BY THE RESPONDENT AGAINST THE PETITIONER.

ANNEXURE B :

TRUE COPY OF THE OP 370/2014 DATED 6.5.2014 OF FAMILY COURT, ERNAKULAM.

ANNEXURE C :

TRUE COPY OF THE DISCHARGE SUMMARY DATED NIL ISSUED TO THE PETITIONER FROM LISIE HEART INSTITUTE LISIE HOSPITAL.

ANNEXURE D :

TRUE COPY OF THE SCAN REPORT DATED 12.11.2013 ISSUED FROM THE MORDERN HOSPITAL KODUNGALLUR TO THE PETITIONER.

ANNEXURE E :

TRUE COPY OF THE ECHOCARDIOGRAPHY RESULT DATED NIL ISSUED FROM JUBILEE HRUDHAYALAYA, JUBILEE MISSION HOSPITAL, THRISSUR.

RESPONDENTS' ANNEXURES:

NIL.

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

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` Tr.P.(C) No.473 of 2014 ````````````````````````````````````````````````````````````` Dated this the 12th day of June, 2015

O R D E R

~ ~ ~ ~ ~ ~ Service is declared as complete.

2.

The respondent herein is the daughter of the petitioner. She has filed O.P. No.1364/2014 before the Family Court, Ernakulam claiming maintenance and marriage expenses. Two other cases filed by the wife of the petitioner are pending before the Family Court, Irinjalakuda against the petitioner. The petitioner is residing at Irinjalakuda. According to him, he is a heart patient, who has undergone a major heart surgery. He seeks for a transfer of the said OP from the Family Court, Ernakulam to the Family Court, Irinjalakuda.

3.

On hearing the learned counsel for the petitioner and on considering the facts and circumstances of the case, this Court is satisfied that it is just and convenient in the

TrPC.473/2014 : 2 :

interest of justice to transfer O.P.No.1364/2014 of the Family Court, Ernakulam to the Family Court, Irinjalakuda, especially when two other OPs filed by the mother of the present respondent are also pending before the Family Court, Irinjalakuda.

In the result, this Tr.P.(C) is allowed and O.P. No.1364/2014 pending before the Family Court, Ernakulam is ordered to be transferred to the Family Court, Irinjalakuda. Sd/- (B.KEMAL PASHA, JUDGE) aks/12/06 // True Copy // PA to Judge