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High Court of KeralaTr.P(C)/570/2014allowed

Gopika @ Latha v. Soman.P.G.

2015-02-03Honourable Mr.Justice P.Bhavadasan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN TUESDAY, THE 3RD DAY OF FEBRUARY 2015/14TH MAGHA, 1936 Tr.P(C).No. 570 of 2014 -------------------------------- OP(HMA) 1669/2012 of FAMILY COURT, ETTUMANOOR, KOTTAYAM DISTRICT ------------------- PETITIONER/RESPONDENT:

--------------------------------------- GOPIKA @ LATHA, AGED 34 YEARS D/O.SARASAMMA, RESIDING AT MOOLABHAGATHU VEEDU PALACE ROAD, ATTINGAL.P.O., PIN - 695 101 THIRUVANANTHAPURAM.

BY ADVS.SMT.K.KUSUMAM SMT.RENY ANTO RESPONDENT(S)/PETITIONER:

------------------------------------------- SOMAN, AGED 43 YEARS S/O.NANU PILLAI, RESIDING AT PADINJARE CHAMPANKULAM VEEDU, PAYIPPADU NALUKODI, PIN - 686 548, KOTTAYAM DISTRICT.

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

Tr.P(C).No. 570 of 2014 -------------------------------- APPENDIX PETITIONERS' ANNEXURES --------------------------------------- ANNEXURE A1: OPHMA 1669/2012 BEFORE THE FAMILY COURT AT KOTTAYAM, ETTUMANOOR.

RESPONDENTS' ANNEXURE ----------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

P.BHAVADASAN, J.

------------------------------------------------- Transfer Petition (Civil) No.570 OF 2014 ------------------------------------------------- Dated this the 3rd day of February, 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.1669/2012 pending before the Family Court, Kottayam at Ettumanoor transferred to Family Court, Attingal.

2. Suffice to say that the marital relationship between the petitioner and the respondent ran into rough weather and both instituted proceedings in various courts. The petitioner instituted C.M.P. No.5318/2012 before the Judicial First Class Magistrate Court, Attingal. She also instituted O.P.No.1902/2013 before the Family Court, Attingal for various reliefs. It is contended that as a retaliatory measure, respondent filed O.P.(HMA) No.1669/2012 before the Family Court, Kottayam at Ettumanoor.

3. The petitioner points out that she is a permanent resident at Attingal and she finds it extremely difficult to go over to Ettumanoor to attend the case. She further says that she is

T.P.(C) No.570/2014 financially poor and that she has nobody to accompany her to go to Family Court, Kottayam. Under these circumstances, she prays for transfer.

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

Since no objection is raised by the respondent, this petition is allowed and O.P.(HMA) No.1669/2012 pending before Family Court, Kottayam at Ettumanoor shall stand transferred to Family Court, Attingal.

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