Shamla S v. Nisar K A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 16TH DAY OF JULY 2015/25TH ASHADHA, 1937 Tr.P(C).No. 689 of 2014 (O.P.NO. 2086/2014 of FAMILY COURT,ERNAKULAM) PETITIONER/RESPONDENT:

SHAMLA S, AGED 24 YEARS, W/O.NISAR, SHAMNA MANZIL, THRIPPERUNTHURA P.O. CHENNITHALA, ALAPPUZHA DISTRICT.

BY ADV. SMT.S.L.SYLAJA RESPONDENT/PETITIONER:

NISAR K A, AGED 34 YEARS, S/O.ABDULKUNJU, KOLLANGUNNIL HOUSE, MUPPATHADAM P.O. KADUNGALLUR VILLAGE, PARAVOOR TALUK, ERNAKULAM DISTRICT.

BY ADV. SRI.P.M.ZIRAJ THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16.07.2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Tr.P(C).No. 689 of 2014 APPENDIX PETITIONER'EXHIBITS:

ANNEXURE-1: TRUE COPY OF THE O.P.NO.2986/2014 IS FILED BEFORE THE FAMILY COURT, ERNAKULAM.

RESPONDENTS' EXHIBITS:

Nil //TRUE COPY// PA TO JUDGE PtK/

B. KEMAL PASHA, J.

................................................................ Tr.P.(C) No.689 of 2014 ............................................................... Dated this the 16th day of July, 2015

O R D E R

Petitioner is seeking the transfer of OP 2086/2014 pending before the Family Court, Ernakulam, to the Family Court, Mavelikkara. According to the petitioner, she along with her four month old child is residing within the jurisdiction of the Family Court, Mavelikkara. The said OP was filed by the respondent husband seeking return of gold ornaments by the petitioner. She finds it difficult to travel all the way from Mavelikkara to Ernakulam to defend the case. 2.

Heard learned counsel for the petitioner and the learned counsel for the respondent.

3.

On considering the facts and circumstances and

Tr.P.(C) 689 of 2014 -: 2 :- on hearing the learned counsel for the parties, this Court is satisfied that it is just and convenient in the interest of justice to transfer OP 2086/2014 of the Family Court, Ernakulam, to the Family Court, Mavelikkara, as prayed for. In the result, this Transfer Petition is allowed and OP 2086/2014 of the Family Court, Ernakulam is transferred to the Family Court, Mavelikkara.

Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge