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High Court of KeralaTr.P(C)/551/2014allowed

Mrs.Saranya N v. Mr.Mahesh S

2015-02-12Honourable Mr.Justice P.Bhavadasan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN THURSDAY, THE 12TH DAY OF FEBRUARY 2015/23RD MAGHA, 1936 Tr.P(C).No. 551 of 2014 () --------------------------- (TO TRANSFER OP(GW).NO. 833/2013 OF FAMILY COURT, KOLLAM TO THE FAMILY COURT, PALA) -------------------- PETITIONER(S):

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1. MRS.SARANYA.N, AGED 28 YEARS, D/O.MR.G.N.NAMBOOTHIRI, RESIDING AT ENNAKKAPPALLIL ILLOM, VALAVOOR TALUK,KOTTAYAM DISTRICT-686 635.

2. DEVI NANDINI (MINOR), AGED 3 YEARS, REPRESENTED BY MOTHER AND NATURAL GUARDIAN, THE 1ST PETITIONER MRS.SARANYA N., AGED 28 YEARS, D/O.MR.G.N.NAMBOOTHIRI, RESIDING AT ENNAKKAPPALLIL ILLOM, VALAVOOR TALUK, KOTTAYAM DISTRICT-686 635.

BY ADV. SMT.ARCHANA NARAYANAN RESPONDENT :

--------------------------- MR.MAHESH.S, AGED 32 YEARS, S/O.MR.SANKARANARAYANA SARMA, RESIDING AT KUNTHIRIKALATHU MADOM, KALLUMTHAZHOM P.O., KILIKOLLOOR VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT, PIN-691 004.

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-02-2015,ALONG WITH TPC.NO.554 OF 2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

TPC.NO.551/2014 APPENDIX PETITIONER'S ANNEXURES:

ANNEX 1 COPY OF THE PETITION FILED BY THE RESPONDENT SEEKING CUSTODY OF THE 2ND PETITIONER, MINOR GIRL, O.P.(G/W)833/13 PENDING BEFORE GHE HON'BLE FAMILY COURT, KOLLAM. RESPONDENT'S ANNEXURES:

NIL /TRUE COPY/ P.A.TO.JUDGE sts

P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - Tr.P.(C) Nos. 551 & 554 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of February, 2015

O R D E R

Since common issue arises for consideration, these petitions can be disposed of by a common order. 2.

These are the petitions filed under Section 24 of C.P.C. seeking transfer of two O.P.s namely O.P.(G/W) No.833/2013 and O.P.(HMA)No. 834/2013 pending before the Family Court, Kollam to Family Court, Pala.

3.

Suffice to say that the marital relationship between the first petitioner and the respondent ran into rough weather and that gave rise to the litigations. The petitioner has instituted M.C. proceedings as well as O.P. (HMA)No.120/2014 before the Family Court, Pala. It is contended that as a retaliatory measure the respondent has instituted O.P.(G/W)No.833/2013 and O.P.(HMA)No.

834/2013 before the Family Court, Kollam.

Tr.P.(C) Nos. 551 & 554 of 2014 -24.

The first petitioner points out that she finds it extremely difficult to go out to Kollam to attend the case and she has nobody to accompany her. She further points out that since two other petitions are already pending before the Family Court, Pala, it is only appropriate that all the matters be tried by the same court to avoid conflict of decision. 5.

Notice was served on the respondent but there is no appearance on his behalf.

In the light of the fact that no objection is seen filed for transfer, these petitions are allowed and O.P.(G/W) No.833/2013 and O.P.(HMA)No. 834/2013 pending before the Family Court, Kollam shall stand transferred to Family Court, Pala.

Sd/- P.BHAVADASAN JUDGE ds //True copy// P.A. to Judge