Garghi v. Shinoj Raj

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN FRIDAY, THE 16TH DAY OF JANUARY 2015/26TH POUSHA, 1936 Tr.P(C).No. 692 of 2014 () --------------------------- (TO TRANSFER O.P.NO.809/2014 OF FAMILY COURT, KOZHIKODE TO FAMILY COURT, KANNUR) ----------------------- PETITIONER :

------------------------ GARGHI K.V.,D/O.MUKUNDAN, AGED 27 YEARS, MADHAVI NILAYAM, KONDOTH VALAPPIL, RAQMAPURAM, KOOVERI P.O., KANNUR DISTRICT.PIN- 670 581.

BY ADVS.SRI.C.P.PEETHAMBARAN SMT.MINI.V.A.

RESPONDENT :

------------------------- SHINOJ RAJ,S/O.K.VALSARAJAN (LATE), KUNNATH HOUSE, ERANHIKKAL P.O., KOZHIKODE DISTRICT. PIN-673 303.

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts

Tr.P(C).No. 692 of 2014 APPENDIX PETITIONER'S ANNEXURES:

ANNEX A1 COPY OF THE O.P.NO.809/2014 OF PENDING BEFORE THE FAMILY COURT, KOZHIKODE TO FAMILY COURT, KANNUR.

ANNEX A2 COPY OF THE M.C.NO.473/2014 PENDING BEFORE THE FAMILY COURT, KANNUR.

RESPONDENT'S ANNEXURES:

NIL /TRUE COPY/ P.A.TO.JUDGE sts

P.BHAVADASAN, J.

------------------------------------------------- Transfer Petition (Civil) No.692 OF 2014 ------------------------------------------------- Dated this the 16th day of January, 2015.

O R D E R

This is a petition filed under Section 24 of the Code of Civil Procedure seeking transfer of O.P.No.809/2014 pending before Family Court, Kozhikode to Family Court, Kannur.

2. Suffice to say that, the marital relationship between the petitioner and the respondent ran into rough weather and litigations began. The petitioner has initiated M.C proceedings before Family Court, Kannur and the respondent, as a retaliatory measure, filed O.P.No.809/2014 before Family Court, Kozhikode for dissolution of marriage.

3. The petitioner points out that she is a resident at Kannur and she finds it extremely difficult to come over to Family Court, Kozhikode to attend the case. She says that she is financially unsound and there is nobody to accompany her to go to Family Court, Kozhikode. She therefore prays for transfer of the case pending before Family Court, Kozhikode to Family Court, Kannur.

T.P.(C) No.692/2014

4. Though notice was served on the respondent, there is no appearance for him.

In the light of the fact that there is no objection on the side of the respondent, this petition is allowed and O.P.No.809/2014 pending before Family Court, Kozhikode shall stand transferred to Family Court, Kannur.

Sd/- P.BHAVADASAN JUDGE smp // True Copy // P.A. to Judge.