High Court of KeralaTr.P(C)/661/2014allowed

Divya G Nair v. Madanamohanan Nair A.B

2015-01-30Honourable Mr.Justice P.Bhavadasan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN FRIDAY, THE 30TH DAY OF JANUARY 2015/10TH MAGHA, 1936 Tr.P(C).No. 661 of 2014 () --------------------------- N OP 564/2010 of FAMILY COURT, THIRUVALLA ------------- PETITIONER/PETITIONER :

------------------------------------ DIVYA G. NAIR, AGED 33 YEARS, D/O. GOPALAKRISHNAN NAIR, R/O KANJIRATHAANIL HOUSE, KAITHAKODI P.O., MOOKANNOOR MURI, AYROOR VILLAGE, AYROOR PANCHAYAT, RANNI TALUK, PATHANAMTHITTA DISTRICT.

BY ADVS.SRI.P.HARIDAS SMT.S.SIKKY RESPONDENTS/RESPONDENTS :

----------------------------------------------

1. MADANAMOHANAN NAIR A.B.,AGED 27 YEARS, S/O. LATE BHASKARAN NAIR A.B., R/O. AMBADICKAL HOUSE, VIZHIKKITHODU P.O., KOOVAPALLY VILLAGE, KANJIRAPALLY PANCHAYAT, KANJIRAPALLY TALUK, KOTTAYAM DISTRICT, PIN 686527.

2. KAMALAKSHIAMMA, AGED 80 YEARS, W/O. LATE BHASKARAN NAIR A.B., R/O. AMBADICKAL HOUSE, VIZHIKKITHODU P.O., KOOVAPALLY VILLAGE, KANJIRAPALLY PANCHAYAT, KANJIRAPALLY TALUK, KOTTAYAM DISTRICT, PIN 686527.

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: bp

Tr.P(C).No. 661 of 2014 () APPENDIX PETITIONER'S ANNEXURES :

ANNEXURE 1: COPY OF O.P. NO. 564/2010 FILED IN THE MONTH OF JUNE BEFORE THE FAMILY COURT, THIRUVALLA FILED BY THE PETITIONER. ANNEXURE 2: COPY OF O.P. NO. 532/2012 ORIGINALLY FILED BEFORE THE FAMILY COURT, THIRUVALLA AND NOW TRANSFERRED TO FAMILY COURT, PATHANAMTHITTA AS RENUMBERED AS O.P. NO. 952/2013 FILED BY THE PETITIONER.

RESPONDENT'S ANNEXURES :

NIL.

//TRUE COPY// P.A. TO JUDGE bp

P. BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - Tr.P.(C) No. 661 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of January, 2015.

ORDER

This is a petition filed under Section 24 of the Code of Civil Procedure seeking to have O.P. 564 of 2010 transferred from Family Court, Thiruvalla to Family Court, Pathanamthitta.

2. Suffice to say, the marital relationship between the petitioner and the first respondent ran into rough weather and that gave rise to litigations. The petitioner would say that she has instituted O.P. 564 of 2010 before Family Court, Thiruvalla for realization of share amount and for recovery of gold ornaments. The first respondent filed O.P.(HMA) 253 of 2011 before Family Court, Thiruvalla for restitution of conjugal rights. Later the petitioner filed O.P. 532 of 2012 for dissolution of marriage before Family Court, Thiruvalla.

Tr.P.(C).661/2014.

3. In the meanwhile, a new Family Court was established in Pathanamthitta and O.P. 532 of 2012 was transferred to Family Court, Pathanamthitta and renumbered as O.P. 952 of 2013.

4. The petitioner points out that she finds it difficult to go over to Thiruvalla to attend the court on all posting dates.

5. Notice was served on the respondents.

This petition is allowed and O.P. 564 of 2010 pending before Family Court, Thiruvalla shall stand transferred to Family Court, Pathanamthitta.

P. BHAVADASAN, sb.

JUDGE