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High Court of KeralaTr.P(C)/578/2014allowed

Praveena v. Sajith K.G.

2015-02-27Honourable Mr.Justice P.Bhavadasan3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN FRIDAY, THE 27TH DAY OF FEBRUARY 2015/8TH PHALGUNA, 1936 Tr.P(C).No. 578 of 2014 --------------------------- (TO TRANSFER OP(HMA)881/2014 FROM FAMILY COURT, MAVELIKKARA TO FAMILY COURT, MUVATTUPUZHA) PETITIONER/RESPONDENT:

------------------------------ PRAVEENA, AGED 29 YEARS D/O.LATE SASIDHARAN, PULPARAMBIL HOUSE MARADI NORTH KARA, MARADI VILLAGE, MUVATTUPUZHA TALUK MUVATTUPUZHA P.O., ERNAKULAM DISTRICT, PIN - 686661. BY ADVS.SRI.ABU MATHEW SRI.AJU MATHEW RESPONDENT/PETITIONER:

------------------------------- SAJITH K.G., AGED 37, S/O.GOPALAKRISHNAN, PALAKKARA HOUSE PATHIYOORKKALA MURI, PATHIYOOR VILLAGE KARTHIKAPPALLY TALUK, KEERIKKAD P.O., ALAPPUZHA DISTRICT, PIN 690508.

R1 BY ADV. SRI.S.SANAL KUMAR R1 BY ADV. SMT.BHAVANA VELAYUDHAN R1 BY ADV. SMT.T.J.SEEMA THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P.BHAVADASAN, J.

------------------------------------------------- Transfer Petition (Civil) No.578 OF 2014 ------------------------------------------------- Dated this the 27th 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 (H.M.A) No.881/2014 pending before Family Court, Mavelikkara transferred to Family Court, Muvattupuzha.

2. Suffice to say that, the marital relationship between the petitioner and the respondent ran into rough weather and proceedings were initiated by the respondent.

3. The petitioner points out that it is only with an intention to harass the petitioner that the respondent has instituted O.P (HMA) No.881/2014 before Family Court, Mavelikkara. Petitioner claims to be a permanent resident of Muvattupuzha and she points out that it is extremely difficult for her to go to Family Court, Mavelikkara to attend the case. Further it is pointed out that she is not financially very sound and there is nobody to accompany her to go to Mavelikkara and under these

T.P.(C) No.578/2014 circumstances, transfer is sought for.

4. Learned counsel appearing for the respondent very vehemently opposed the petition pointing out that there is no justifiable reason for transfer.

5. After having heard the learned counsel on both sides and also after having bestowed attention to various aspects, it is felt that it is only in the interest of justice that petition be allowed. In the result, this petition is allowed and O.P (HMA) No.881/2014 pending before Family Court, Mavelikkara shall stand transferred to Family Court, Muvattupuzha. Parties shall appear before Family Court, Muvattupuzha on 26.03.2015. Sd/- P.BHAVADASAN JUDGE smp // True Copy // P.A. To Judge.