Brini v. Santhosh P.M

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 6TH DAY OF JULY 2015/15TH ASHADHA, 193 Tr.P(C).No. 594 of 2014 ---------------------------------- TO TRANSFER O.P.NO.517/2014 OF FAMILY COURT, TIRUR TO FAMILY COURT, PALAKKD ----------------------- PETITIONER(S)RESPONDENT :

----------------------------------------------- BRINI, AGED 37 YEARS, D/O.BALACHANDRAN, BHAVIKA, KOPPAM AMSOM, PALAKKAD TALUK AND DISTRICT.

BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT(S)/PETITIONER :

----------------------------------------------- SANTHOSH P.M, AGED 42 YEARS, S/O.MADHAVAN, PUTHUPARAMBIL HOUSE, KANHIRAMUKKU AMSON, MARANCHERRY VILLAGE, PONNANI TALUK, MALAPPURAM DISTRICT, PIN:679 584.

BY ADV. SRI.M.A.ABDUL HAKHIM THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

Tr.P(C).No. 594 of 2014 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :

ANNEXURE A:

TRUE COPY OF THE PETITION FILED AS O.P.NO.517/2014 DATED 31.07.2014 BEFORE THE FAMILY COURT, TIRUR BY RESPONDENT AGAINST PETITIONER.

ANNEXURE B:

TRUE COPY OF THE PETITION FILED AS O.P.NO.544/2014 DATED -7-2014 BEFORE THE FAMILY COURT, PALAKKD BY RESPONDENT AGAINST PETITIONER.

RESPONDENT(S)' EXHIBITS :

EXHIBIT R(1)(A):

A PHOTOSTAT COPY OF THE DISCHARGE SUMMARY OF MY MOTHER ISSUED BY BABY MEMORIAL HOSPITAL, CALICUT. EXHIBIT R(1)(B):

A PHOTOSTAT COPY OF THE DISCHARGE SUMMARY OF MY MOTHER ISSUED BY BABY MEMORIAL HOSPITAL, CALICUT. EXHIBIT R(1)(C):

A PHOTOSTAT COPY OF THE DISCHARGE SUMMARY OF MY MOTHER ISSUED BY BABY MEMORIAL HOSPITAL, CALICUT. //TRUE COPY// P.A.TO JUDGE.

Msd.

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` Tr.P.(C) No.594 of 2014 ````````````````````````````````````````````````````````````` Dated this the 6th day of July, 2015

O R D E R

~ ~ ~ ~ ~ ~ Petitioner has sought for the transfer of O.P.No.517/2014 of the Family Court, Tirur to the Family Court, Palakkad. The respondent opposes the petition on the ground that the father of the petitioner is a practising lawyer at Palakkad and, therefore, there is a reasonable apprehension that there would be interference from the part of the said lawyer in the matter. The learned counsel for the petitioner submits that a counsel from Thrissur is appearing for the petitioner and, therefore, there need not be any such apprehension. Whatever it is, it seems that when there is such an apprehension on the part of the respondent, the matter can be resolved by transferring O.P.No.517/2014 of the Family Court, Tirur to the Family Court, Malappuram, which comes in between Palakkad and Tirur.

Tr.P.C.594/2014 : 2 :

In the result, this Tr.P.(C) is allowed and O.P.No.517/2014 of the Family Court, Tirur is ordered to be transferred to the Family Court, Malappuram.

Sd/- (B.KEMAL PASHA, JUDGE) aks/06/07 // True Copy // PA to Judge