Seena v. Sreekumar

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 5TH DAY OF JUNE 2015/15TH JYAISHTA, 1937 Tr.P(C).No. 655 of 2014 --------------------------------- OP 659/2014 OF FAMILY COURT, KOZHIKODE ........

PETITIONER(S):

----------------------- SEENA, AGED 32 YEARS, D/O. SUDHAKARAN, KALLATHUPURATH HOUSE, KANDANNASSERY VILLAGE, DESOM, THALAPPILLY TALUK, THRISSUR DISTRICT.

BY ADV. SRI.RAJIT RESPONDENT(S):

-------------------------- SREEKUMAR, AGED 37 YEARS, S/O. SURENDRAN, CHENNAMKULATH HOUSE, MARAKOLITHAZHAM, KOLAVA ROAD, VENGERI P.O., KOZHIKODE DISTRICT. BY ADV. DR.V.N.SANKARJEE SRI.VENU VALIYA PARAMBIL SRI.K.A.AUGUSTINE SRI.PRATHAP. S.R.K.

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

Tr.P(C).No. 655 of 2014 --------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

ANNEXURE A: TRUE COPY OF THE DISABILITY CERTIFICATE. ANNEXURE B: TRUE COPY OF THE PETITION FILED BY THE PETITIONER IN OP.1670/2014 BEFORE THE FAMILY COURT, THRISSUR. ANNEXURE C: TRUE COPY OF THE APPLICATION FILED BY THE RESPONDENT IN OP.659/2014 FILED BEFORE THE FAMILY COURT, KOZHIKODE. RESPONDENT(S)' ANNEXURES:

NIL //TRUE COPY// P.S.TO JUDGE Msv/

B.KEMAL PASHA, J.

==================== Tr.P.(C).No.655 of 2014 ===================== Dated this the 5th day of June, 2015

O R D E R

Petitioner is seeking transfer of O.P.No.659 of 2014 of the Family Court, Kozhikode to the Family Court, Thrissur.

2. The petitioner is the wife and the respondent is the husband. The petitioner has filed O.P.No.1670 of 2014 before the Family Court, Thrissur seeking divorce and the same is pending even now. It seems that the petitioner is partially blind, having 70% disability as is evidenced from Annexure A certificate. O.P.No.659 of 2014 pending before the Family Court, Kozhikode is one filed by the respondent seeking restitution of conjugal rights.

3. On hearing the learned counsel for the petitioner and the learned counsel for the respondent, this Court is satisfied that it is just and convenient in the interest of justice to transfer O.P.No.659 of 2014 of the Family Court,

Tr.P.(C). No.655 of 2014 Kozhikode to the Family Court, Thrissur for trial along with O.P.No.1670 of 2014.

In the result, this Transfer Petition (Civil) is allowed and O.P.No.659 of 2014 of the Family Court, Kozhikode is transferred to the Family Court, Thrissur for trial along with O.P.No.1670 of 2014.

Sd/- B.KEMAL PASHA JUDGE DSV/5/6/15