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High Court of KeralaTr.P(C)/499/2014dismissed

Rekha Gowda v. K.A.Nash

2015-01-14Honourable Mr.Justice P.Bhavadasan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN FRIDAY, THE 7TH DAY OF NOVEMBER 2014/16TH KARTHIKA, 1936 Tr.P(C).No. 499 of 2014 () --------------------------- TO TRANSFER O.P. NO.1749/2010 OF FAMILY COURT, THIRUVANANTHAPURAM TO THE FAMILY COURT, THALASSERY.

........

PETITIONER(S):

-------------------------- REKHA GOWDA, AGED 42 YEARS, D/O. RAMA GOWDA, PRESENTLY EMPLOYED AS GYNECOLOGIST, MATTANNOOR, MISSION HOSPITAL, THALASSERY ROAD, MATTANNUR AND PERMANENTLY RESIDING AT DOOR NO.-2034, K BLOCK, KUVEMPU NAGAR, MYSORE-570 023.

BY ADVS.SRI.G.SREEKUMAR (CHELUR), SRI.K.ASHIS.

RESPONDENT(S):

---------------------------- K.A. NASH, AGED 44 YEARS, S/O. K.V. ANIRUDDAN, WIN TRUST PHARMA DISTRIBUTORS, MARUTHANKUZHI, THIRUVANANTHAPURAM-695 001, PERMANENTLY RESIDING AT KAVANIYATTIL HOUSE, ELANTHIKKARA. P.O., ERNAKULAM-682 081.

BY ADVS. SRI.GOPAKUMAR R.THALIYAL, SRI.R.B.RAJESH.

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-11-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

Tr.P(C).No. 499 of 2014 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE I COPY OF THE O.P. NO.1749/2010 ON THE FILE OF THE FAMILY COURT, THIRUVANANTHAPURAM.

RESPONDENT'S ANNEXURES:- NIL.

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

P.BHAVADASAN, J.

------------------------------------------------- Transfer Petition (Civil) No.499 OF 2014 ------------------------------------------------- Dated this the 7th day of November, 2014.

O R D E R

This is a petition filed under Section 24 of the Code of Civil Procedure seeking to have O.P.No.1749/2010 pending before the Family Court, Thiruvananthapuram transferred to Family Court, Thalassery.

2. The petitioner is a Doctor by profession and the marriage between the petitioner and the respondent took place on 11.09.2008. The marital relationship between the petitioner and the respondent went into disarray and the respondent instituted O.P.No.1749/2010 before the Family Court, Thiruvananthapuram. At the relevant time, the petitioner was working at Thiruvananthapuram. But she had to shift her practice to Mattannur at Kannur District as means of escape from the hands of the respondent. It is averred that she is presently employed as Gynecologist at Mattannur Mission Hospital and her child has been admitted to the Manasarovar International

T.P.(C) No.499/2014 Residential School, Mysore.

3. The petitioner points out that she finds it extremely difficult to go over to Thiruvananthapuram on every occasion when the case is posted and that causes considerable inconvenience to her. She therefore prays for transfer of the matter pending before the Family Court, Thiruvananthapuram to Family Court, Thalassery.

4. Even though notice was served on the respondent, there is no appearance for him. There is no objection for the plea for transfer on the part of the respondent.

In the result, this petition is allowed and O.P.No.1749/2010 pending before the Family Court, Thiruvananthapuram shall stand transferred to Family Court, Thalassery.

Sd/- P.BHAVADASAN JUDGE smp // True Copy // P.A. To Judge.