High Court of KeralaTr.P(C)/501/2014disposed of

Dhanya Mohandas v. Biju @ Kily Biku

2015-03-02Honourable Mr.Justice P.Bhavadasan3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 2ND DAY OF MARCH 2015/11TH PHALGUNA, 1936 Tr.P(C).No. 501 of 2014 --------------------------- (TO TRANSFER OP 502/2014 FROM FAMILY COURT, KOLLAM TO FAMILY COURT, MAVELIKKARA) PETITIONERS/RESPONDENTS:

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1. DHANYA MOHANDAS, AGED 23 YEARS D/O. MOHANDAS, CHAITHANAYA, ULAVUKADU NOORANADU.P.O., MAVELIKKARA-690521 NOW RESIDING AT RAGAM HOUSE, PALLIKKAL MURI ANAYADY.P.O., PIN-690521.

2. MOHANDAS, CHAITHANAYA, ULAVUKADU, NOORANADU.P.O.

MAVELIKKARA-690521, NOW RESIDING AT RAGAM HOUSE PALLIKKAL MURI, ANAYADY.P.O., PIN-690521.

3. RADHAMANI, CHAITHANAYA, ULAVUKADU, NOORANADU.P.O.

MAVELIKKARA-690521, NOW RESIDING AT RAGAM HOUSE PALLIKKAL MURI, ANAYADY.P.O., PIN-690521.

BY ADV. SRI.RINNY STEPHEN CHAMAPARAMPIL RESPONDENT/RESPONDENT:

-------------------------------- BIJU V @ KILY BIKU, AGED 34 YEARS S/O. VASUDEVAN, BIJU MANDIRAM, UMAYANALLOOR.P.O. PERAYAM, KOLLAM.

BY SRI.PALLIMON R.MANOJ KUMAR THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P.BHAVADASAN, J.

------------------------------------------------- Transfer Petition (Civil) No.501 OF 2014 ------------------------------------------------- Dated this the 2nd day of March, 2015.

O R D E R

This is a petition filed under Section 24 of the Code of Civil Procedure seeking to have O.P (HMA) No.502/2014 pending before Family Court, Kollam transferred to Family Court, Mavelikkara.

2. Suffice to say that the marital relationship between the 1st petitioner and the respondent became bitter and litigations began. The 1st petitioner instituted O.P.No.605/2014 before Family Court, Mavelikkara to declare the marriage between herself and the respondent as null and void. As a retaliatory measure, the respondent filed O.P.(HMA) No.502/2014 before Family Court, Kollam.

3. The 1st petitioner says that she is a resident of Mavelikkara and she finds it difficult to go over to Family Court, Kollam to attend the case. She also points out that she has nobody to accompany her and that she is not financially very

T.P.(C) No.501/2014 sound. She further points out that already a matter is pending before Family Court, Mavelikkara and it is only proper that both the matters are heard by the same court to avoid conflict of decision.

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

In the result, this petition is allowed and O.P.(HMA) No.502/2014 pending before Family Court, Kollam shall stand transferred to Family Court, Mavelikkara.

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