Bindu v. Dinak K

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 29TH DAY OF SEPTEMBER 2015/7TH ASWINA, 1937 Tr.P(C).No. 477 of 2014 --------------------------------- OP 1047/2013 OF FAMILY COURT, MALAPPURAM ........

PETITIONER(S):

----------------------- BINDU B.K.,D/O B.K.C UNNI, BHAGAVATHI KALATHIL, VALLUVAMBRAM POST, MALAPPURAM BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENT(S):

------------------------- DINAK K., S/O KAMALAKARAN, SRI GOKULAM CHITS, KIZHAKKEBAGATH BUILDINGS, SULTAN BATTERY, WYANAD DISTRICT - 673 592.

BY ADV. SRI.BASANT BALAJI THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-09-2015 ALONG WITH TP(CRL) 57/2015 & TPC 314/2015 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

Tr.P(C).No. 477 of 2014 --------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

ANNEXURE A1: THE TRUE COPY OF OP.1047/2013 FILED UDER SECTION 125 CRPC BEFORE THE FAMILY COURT, KALPETTA.

ANNEXURE A2: THE TRUE COPY OF MC.23/2014 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, MALAPPURAM.

RESPONDENT(S)' ANNEXURES:

NIL //TRUE COPY// P.S.TO JUDGE Msv/

B.KEMAL PASHA, J.

==================== Tr.P.(C). No.477 of 2014, Tr.P.(Crl).No. 57 of 2015 & Tr.P.(C).No.314 of 2015 ===================== Dated this the 29th day of September, 2015

O R D E R

The husband has filed Transfer Petition (Criminal) No.57 of 2015 seeking the transfer of M.C.No.23 of 2014 pending before the Family Court, Kalpetta to the Family Court, Malappuram. He has filed Transfer Petition (Civil) No.314 of 2015 seeking the transfer of O.P.No.262 of 2014 of the Family Court, Kalpetta to the Family Court, Malappuram. The wife has filed Transfer Petition (Civil) No.477 of 2014 seeking the transfer of O.P.No.1047 of 2013 pending before the Family Court, Malappuram to the Family Court, Kalpetta.

2. On hearing either side, it has come out that the wife

Tr.P.(C). No.477 of 2014, Tr.P.(Crl).No. 57 of 2015 & Tr.P.(C).No.314 of 2015 is a practicing Lawyer at the courts at Malappuram and she is eager to see the cases transferred to some other court. At the same time, it has come out that the husband is a resident of Kozhikode. Considering all the said aspects, this Court is of the view that it is just and convenient in the interest of justice to transfer all the said cases to the Family Court, Kozhikode.

In the result, Tr.P.(C). No.477 of 2014, Tr.P.(Crl).No. 57 of 2015 and Tr.P.(C).No.314 of 2015 are allowed and M.C.No.23 of 2014 and O.P.No.262 of 2014 pending before the Family Court, Kalpetta and O.P.No.1047 of 2013 pending before the Family Court, Malappuram are transferred to the Family Court, Kozhikode.

Sd/- B.KEMAL PASHA JUDGE DSV/29/9/15 // True Copy // P.A. To Judge