Latha Kumari v. Asokan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 23RD DAY OF JANUARY 2015/3RD MAGHA, 1936 Tr.P(Crl.).No. 105 of 2014 () ------------------------------ MC 307/2013 of FAMILY COURT, KOTTARAKKARA PETITIONER(S):
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1. LATHA KUMARI, AGED 38 YEARS D/O.SHANTHAMMA, BETHEL HOUSE, PUNNALUR P.O.
PATHANAMPURAM.
PATHANAMTHITTA DISTRICT.
2. LEKSHMI D/O.LATHAKUMARI, AGED 7 YEARS(MINOR) REP. BY MOTHER, LATHAKUMARI, -DO-
3. ARJUNAN, AGED 4 YEARS(MINOR) S/O.LATHAKUMARI, REP. BY MOTHER LATHAKUMARI - DO- BY ADVS.SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S):
---------------------------- ASOKAN, AGED 48 YEARS S/O.VASU, KUTTAN THARAYIL KOMALLOOR P.O.
CHUNNAKKARA MAVELIKKARA.
THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 23-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Tr.P(Crl.).No. 105 of 2014 () ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:
-------------------------------------- ANNEXURE 1:
COPY OF THE MC RESPONDENT(S)' EXHIBITS - NIL ---------------------------------------- //TRUE COPY// P.A. TO JUDGE
P.UBAID, J.
-------------------------- ---------------------------------------- Dated this the 23rd day of January, 2015
ORDER
The petitioners herein are the petitioners in M.C. No.307/2013, a claim for maintenance under Section 125 Cr.P.C. brought before the Family Court, Kottarakkara. The respondent herein is the husband of the first petitioner. Their marital tie stands strained. The petitioners now seek transfer of the maintenance claim from the Family Court, Kottarakkara to the Family Court, Mavelikkara on the ground that two other proceedings brought by the husband, and the mother in law are now pending in two different courts at Mavelikkara. C.C. No.193/2014 brought by husband is now before the Judicial First Class Magistrate Court- II, Mavelikkara, and the suit for injunction brought by the mother in law is now before the Munsiff's court, Mavelikkara. Pendency of two proceedings at Mavelikkara is thus the ground stated for transfer. The respondent is absent inspite of notice. It appears that he will have no grievance because
transfer of the case to Mavelikkara will be convenient for him also. I find no reason to disallow the request made by the petitioners for transfer. It is appropriate that all the cases be tried and decided at the same place. In the result this petition is allowed. M.C.No.307/2013 pending before the Family Court, Kottarakkara will stand transferred to the Family Court, Mavelikkara. The learned Judge of Family Court, Kottarakkara will transmit the records of M.C.No.307/2013 without delay to the Family Court, Mavelikkara.
Sd/- P.UBAID, JUDGE //TRUE COPY// P.A. TO JUDGE