Neethu Babu v. Rajaneesh Kumar E.N.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 6TH DAY OF APRIL 2015/16TH CHAITHRA, 1937 Tr.P(C).No. 648 of 2014 --------------------------- (TO TRANSFER OP 458/2014 FROM FAMILY COURT, MUVATTUPUZHA TO FAMILY COURT, ERNAKULAM) PETITIONER:

-------------- NEETHU BABU D/O.C.P.BABU, AGED 28 YEARS, CHERUVELIPARAMBIL HOUSE, H.NO.14/327-A, CHULLICKAL, KOCHI, PIN-682005. BY ADVS.SRI.R.MURALIDHARAN (AROOR) SRI.PAVITHRAN RAVINDRA NATH RESPONDENT:

---------------- RAJANEESH KUMAR E.N., AGED 34 YEARS S/O.NARAYANAN, EDAPPATTU HOUSE, CHERUVATTOOR.P.O KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN-686691. BY ADV. SRI.C.S.AJITH PRAKASH SRI.PS.SYAMKUTTAN THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-04-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P.BHAVADASAN, J.

------------------------------------------------- Transfer Petition (Civil) No.648 OF 2014 ------------------------------------------------- Dated this the 6th day of April, 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.458/2014 pending before Family Court, Muvattupuzha transferred to Family Court, Ernakulam.

2. Suffice to say that, the marital relationship between the petitioner and the respondent ran into rough weather and litigations began between the parties. The petitioner instituted O.P.No.1813/2014 before Family Court, Ernakulam for dissolution of marriage. She also filed M.C.No.45/2014 before the Judicial First Class Magistrate Court-II, Kochi. She would say that as a retaliatory measure, respondent filed O.P.No.458/2014 before Family Court, Muvattupuzha.

3. The petitioner points out that she finds it difficult to come over to Muvattupuzha to attend the case and there are matters pending before Family Court, Ernakulam. Further it is

T.P.(C) No.648/2014 pointed out that since matters are pending before two different courts, it is only appropriate that all the matters are tried by the same court. Accordingly, it is prayed that O.P.No.458/2014 pending before Family Court, Muvattupuzha may be transferred to Family Court, Ernakulam.

4. The prayer is opposed by the learned counsel for the respondent. According to the respondent, there is no necessity to have the matter transferred to Family Court, Ernakulam.

5. After having considered the contentions raised by both parties and in the light of the fact that already matters are pending before Family Court, Ernakulam, it is felt that it is only proper that the matter pending before Family Court, Muvattupuzha be transferred to Family Court, Ernakulam. In the result, this petition is allowed and O.P.No.458/2014 pending before Family Court, Muvattupuzha shall stand transferred to Family Court, Ernakulam.

Sd/- P.BHAVADASAN JUDGE smp