Shibina v. Siyad @ Antony Lobo

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 2ND DAY OF FEBRUARY 2015/13TH MAGHA, 1936 Tr.P(C).No. 657 of 2014 () ---------------------------------- (AGAINST THE ORDER/JUDGMENT IN OP 50/2014 of FAMILY COURT, KALPETTA DATED ) PETITIONER:

-------------------- SHIBINA, AGED 24 YEARS, D/O.MUHAMMED SHUKKOOR, SHAMNA MANZIL, EDAPPALIKOTTA, POROORKARA MURI, PANMANA P.O, PANMANA VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM.

BY ADVS.SRI.K.SUBASH CHANDRA BOSE V.RAJASEKHARAN PILLAI RESPONDENT/RESPONDENT:

------------------------------------------ SIYAD @ ANTONY LOBO, AGED 26, S/O.JOSEPH, THURAYIN KUNNIL HOUSE, THRIKALPETTA, THRIKKALPETTA VILLAGE, MEPPAD P.O., VYTHIRI TALU, WAYANAD DISTRICT. 673 577.

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Tr.P(C).No. 657 of 2014 () ---------------------------------- APPENDIX PETITIONER'S EXHIBITS ------------------------------------ ANNEXURE-1 - COPY OF THE CONVERSION CERTIFICATE DATED 16.3.2013. ANNEXURE-2 - COPY OF THE MARRIAGE CERTIFICATE ISSUED FROM THE POROORKARA, MUSLIM JAMA-ATH.

RESPONDENT'S EXHIBITS :

NIL --------------------------------------- //TRUE COPY// P.A. TO JUDGE DST

P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - Tr.P.(C) No. 657 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 02nd day of February, 2015

O R D E R

This is a petition filed under Section 24 of the C.P.C. seeking to have O.P.No. 50/2014 pending before the Family Court, Kalpetta transferred to Family Court, Chavara. 2.

Suffice to say that the marital relationship between the petitioner and the respondent ran into rough weather and litigations began. The petitioner has instituted M.C.No.214/2014 before the Family Court, Chavara for maintenance and other reliefs. She also filed another suit as O.P.No.657/2014 for recovery of gold ornaments and money etc.

3.

As a retaliatory measure, it is contended that the respondent instituted O.P.No. 50/2014 before the Family Court, Kalpetta seeking a decree for divorce. 4.

The petitioner points out that she is residing at Kollam and she finds it extremely difficult to go to Kalpetta

Tr.P.(C) No. 657 of 2014 -2to attend the routine posting of the case. She also points out that she has nobody to accompany her and she is in financial difficulties. She therefore prays that the case may be transferred to Family Court, Chavara to be tried along with the other matters pending before it.

5.

The respondent was served with notice, but there is no appearance on behalf of him.

Since there is no objection, this petition is allowed and O.P.No. 50/2014 pending before the Family Court, Kalpetta shall stand transferred to Family Court, Chavara. Sd/- P.BHAVADASAN JUDGE ds //True copy// P.A. to Judge