Mrs. Umadevi B. v. Jayan V.N.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN TUESDAY, THE 13TH DAY OF JANUARY 2015/23RD POUSHA, 1936 Tr.P(C).No. 659 of 2014 -------------------------------- OP 880/2014 of FAMILY COURT,THRISSUR ---------------------- PETITIONER(S)/PETITIONER:

------------------------------------------ MRS. UMADEVI B., AGED 38 YEARS D/O. SREEDHARAN, BANGALATH HOUSE, MOONNAMPADI MALAPPURAM VILLAGE, ERNAD TALUK, MALAPPURAM DISTRICT.

BY ADV. SRI.DEVAPRASANTH.P.J.

RESPONDENT(S)/PETITIONER:

------------------------------------------- JAYAN V.N., AGED 44 YEARS WORKING AS OVERSEER OF KSEB, S/O. LATE NARAYANAN VETTIYATTIL HOUSE, P.O.VELUPPADAM VARANDARAPPLILLY VILLAGE, MUKUNDAPURAM TALUK THRISSUR DISTRICT - 680 303.

BY ADVS. SRI.M.ANIL KUMAR SMT.PREETHI K.PURUSHOTHAMAN THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

Tr.P(C).No. 659 of 2014 -------------------------------- APPENDIX PETITIONERS' ANNEXURES ---------------------------------------- ANNEXURE I: COPY OF THE PETITION IN OP.NO.880/14 FILED BY THE RESPONDENT FOR RESTITUTION OF CONJUGAL RIGHTS BEFORE THE FAMILY COURT OF MALAPPURAM DATED 17/10/14 ALONG WITH COURT NOTICE.

ANNEXURE II: COPY OF THE PETITION IN MC.NO.506/14 DATED 12/11/14 BEFORE THE FAMILY COURT OF MALAPPURAM FILED BY THE PETITIONER RESPONDENTS' ANNEXURES ------------------------------------------ NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

P. BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - Tr.P.(C). No. 659 of 2014 - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of January, 2015.

ORDER

This is a petition filed under Section 24 of the Code of Civil Procedure seeking transfer of O.P. 880 of 2014 from Family Court, Thrissur to Family Court, Malappuram.

2. Suffice is to say that the marital relationship between the petitioner and the respondent ran into rough weather and litigations began. The petitioner has filed M.C. 506 of 2014 before Family Court, Malappuram and as a retaliatory measure the respondent has instituted O.P. 880 of 2014 before Family Court, Thrissur.

3. The petitioner says that she is a resident of Malappuram and she finds it extremely difficult to go to Thrissur to attend the court on all posting dates. According to her, there is nobody to accompany her and she is in financial

Tr.P.(C).659/2014.

difficulties. Therefore, she seeks transfer of the case to Family Court, Malappuram.

4. Though the respondent has been served with notice, there is no appearance on his behalf.

5. After having given anxious consideration to various aspects, it is felt that it is only proper to allow the transfer as prayed for by the petitioner in order to avoid conflicting decisions.

Hence, this petition is allowed, and O.P. 880 of 2014 pending before Family Court, Thrissur shall stand transferred to Family Court, Malappuram.

P. BHAVADASAN, JUDGE sb.