N.P Faleela v. C.C Rashid

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. 666 of 2014 --------------------------- TO TRANSFER OP 388/2014 OF FAMILY COURT, KASARAGOD TO FAMILY COURT, KANNUR.

...........

PETITIONER:

------------------- N.P FALEELA, AGED 23 YEARS, D/O.C.M.P.ABDULLA, 'MARIYUMMA MANZIL'

PUNJAKKAD, PAYYANNUR P.O., KANNUR DISTRICT.

BY ADVS.ZUBAIR PULIKOOL SRI.P.S.BINU RESPONDENT:

---------------------- C.C RASHID, AGED 35 YEARS, S/O.M.M.KASIM, AYITTY, VELLAPPU, THRIKKARIPUR P.O., KASARAGOD DISTRICT.

BY ADV. SRI.JOSE J.MATHAIKAL THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - Tr.P.(C) No. 666 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 02nd day of February, 2015

O R D E R

This is a petition filed under Section 24 of C.P.C. seeking transfer of O.P.No. 388/2014 pending before the Family Court, Kasaragod to Family Court, Kannur. 2.

Suffice to say that the marital relationship between the petitioner and the respondent ran into rough weather and that gave rise to the litigations between them. The petitioner has filed M.C.No. 28/2014, O.P.No.269/2014 and O.P.No. 850/2014 before the Family Court, Kannur. However, the respondent has filed O.P.No.388/2014 before the Family Court, Kozhikode. The petitioner points out that she finds it extremely difficult to go out to Kasaragod and since all the three petitions filed by her are pending before Family Court, Kannur, it is only appropriate that the proceedings before the Family Court, Kasaragod be transferred to Family Court, Kannur.

Tr.P.(C) No. 666 of 2014 -23.

After having heard both sides and after having given anxious consideration to various aspects, it is felt that it is only appropriate that all the cases are tried by the same court so as to avoid conflict of decision.

4.

In the result, this petition is allowed and O.P.No. 388/2014 pending before the Family Court, Kasaragod shall stand transferred to Family Court, Kannur.

5.

The parties expressed a desire before this Court that the matter may be sent for mediation at Mediation Centre, Kannur so as to appear for mediation. The parties shall appear before the Family Court, Kannur on 02.03.2015 and the Family Court may refer the matter for mediation to enable the parties to arrive at a settlement.

Sd/- P.BHAVADASAN JUDGE ds //True copy// P.A. to Judge