Athira v. Ajayan @ Shibu

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN TUESDAY, THE 10TH DAY OF FEBRUARY 2015/21ST MAGHA, 1936 Tr.P(C).No. 606 of 2014 () --------------------------- (TO TRANSFER OP(HMA)NO. 909/2014 FROM FAMILY COURT, KOLLAM TO FAMILY COURT, PALAKKAD) PETITIONER/RESPONDENT:

---------------------- ATHIRA, AGED 20 YEARS D/O.ARUCHAMI, KODUNGARA HOUSE, NAMPALLAM KOTTEKKAD.P.O- 678732, PALAKKAD.

BY ADVS.SRI.SAJAN VARGHEESE K.

SRI.LIJU. M.P RESPONDENT/PETITIONER:

---------------------- AJAYAN @ SHIBU, AGED 27 YEARS S/O.BABURAJAN PILLAI, VIJAYA BHAVAN, KALLUVATHUKKAL VILAVOORKONAM.P.O-691578, KOLLAM.

R1 BY ADV. SRI.M.B.SANDEEP R1 BY ADV. SMT.R.PRIYA R1 BY ADV. SRI.V.VISAL AJAYAN R1 BY ADV. SRI.B.SURJITH R1 BY ADV. SRI.ABHILASH JOSE R1 BY ADV. SRI.M.A.AHAMMAD SAHEER R1 BY ADV. SMT.R.ANJANA R1 BY ADV. SMT.B.DHANYA THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Tr.P(C).No. 606 of 2014 () APPENDIX PETITIONER(S)'S EXHIBITS:

---------------------- ANNEXURE A: TRUE COPY OF THE PETITION IN OP(HMA) NO.909/2014 ON THE FILE OF FAMILY COURT, KOLLAM.

ANNEXURE B: TRUE COPY OF THE PETITION IN M.C. NO.175/2014 ON THE FILE OF THE FAMILY COURT, PALAKKAD.

RESPONDENT'S EXHIBITS: NIL ---------------------- TRUE COPY PA TO JUDGE Scl.

P.BHAVADASAN, J..

--------------------------------- Tr.P.C. No.606 of 2014 ------------------------------- Dated this the 10th 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.No.909 of 2014 pending before the Family Court, Kollam transferred to Family Court, Palakkad.

2.

Suffice to say that, the marital relationship between the petitioner and the respondent ran into rough weather and litigations began. The respondent instituted O.P.(HMA) No.909 of 2014 before the Family Court, Kollam for restitution of conjugal rights and the petitioner filed M.C.No. 175 of 2014 for seeking maintenance before the Family Court, Palakkad. 3.

The petitioner points out that she is the permanent resident of Palakkad and she finds it extremely difficult to go out to Kollam to attend the posting dates of the case. She also claims that she is financially not well sound and she has nobody to accompany her. She therefore seeks transfer.

Tr.P.C. No.606 of 2014 -24.

Respondent entered appearance and not filed any objection.

In the result, this petition is allowed. O.P.No.909 of 2014 pending before the Family Court, Kollam shall stand transferred to Family Court, Palakkad.

Sd/- P.BHAVADASAN JUDGE Scl.