Kerala High Court
Rajalekshmi vs Dr.Aneesh on 26 December, 2016
Author: Anil K. Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
FRIDAY, THE 13TH DAY OF OCTOBER 2017/21ST ASWINA, 1939
Tr.P(C).No. 390 of 2017 ()
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TO TRANSFER OP(HMA) NO.318/2017 OF FAMILY COURT, CHAVARA TO
FAMILY COURT, ATTINGAL.
.....
PETITIONER/RESPONDENT.:
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RAJALEKSHMI,
AGED 26, D/O PREMRAJ, GURUDEEPAM,
PUTHIYAKAVU, KILIMANOOR POST,
THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.M.ABDUL RASHEED.
RESPONDENT/PETITIONER:
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DR.ANEESH,
AGED 38, S/O PADMOLBHAVAN,
RESIDING AT 'USHUS', SANKARAMANGALAM,
CHAVARA VILLAGE, KOLLAM DISTRICT-691 001.
BY ADV. SRI.HARISH GOPINATH.
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 13-10-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
rs.
Tr.P(C).No. 390 of 2017
APPENDIX
PETITIONER'S ANNEXURES:-
ANNEXURE A1 COPY OF THE OP(HMA) NO.1483/2016 ON THE FILE OF
FAMILY COURT, ATTINGAL DATED 26/12/2016.
ANNEXURE A2 COPY OF THE OP(HMA) NO.318/2017 ON THE FILE OF
HONOURABLE FAMILY COURT, CHAVARA DATED 18/05/2017.
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.S.TO JUDGE
rs.
ANIL K. NARENDRAN, J.
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Tr.P (C) No.390 of 2017
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Dated this the 13th day of October, 2017
O R D E R
The petitioner, who is the respondent in O.P.(HMA) No.318/2017 on the file of the Family Court, Chavara, has approached this Court in this Transfer Petition under Section 24 of the Code of Civil Procedure, 1908, seeking an order to transfer the said Original Petition from the Family Court, Chavara to the Family Court, Attingal. O.P.(HMA) No.318/2017 is one filed by the respondent husband seeking a decree to annul the marriage. The petitioner wife has filed O.P.No.1483/2016 before the Family Court, Attingal for realisation of money and gold ornaments and the same is pending consideration.
2. On 14.6.2017, when this Transfer Petition came for admission, this Court admitted the matter on file and issued notice by speed post to the respondent. This Court has also granted an interim stay of all further proceedings in O.P.(HMA) No.318/2017 on the file of the Family Court, Chavara, for a period of one month and the said order, which was extended from Tr.P (C) No.390 of 2017 :-2-:
time to time, is still in force.
3. Heard the learned counsel for the petitioner wife and also the learned counsel for the respondent husband.
4. The learned counsel for the respondent husband would submit that the respondent has no objection in O.P.(HMA) No.318/2017 being transferred from the Family Court, Chavara to the Family Court, Attingal. However, the learned counsel would point out that, baseless allegations are made against the respondent husband in this Original Petition. This Court is of the view that such allegations made in the Transfer Petition have no relevance in deciding the question as to whether the O.P (HMA) No.318/2017 pending before the Family Court, Chavara is to be transferred to the Family Court, Attingal.
5. Since the respondent husband is not having any objection in transferring O.P.(HMA) No.318/2017 from the Family Court, Chavara to the Family Court, Attingal, this Transfer Petition is disposed of by withdrawing O.P.(HMA) No.318/2017 pending before the Family Court, Chavara and transferring the same to the Family Court, Attingal.
6. The Family Court, Chavara is directed to transmit the Tr.P (C) No.390 of 2017 :-3-:
records to the Family Court, Attingal. The Registry is directed to communicate a copy of this order to both the courts immediately.
Both parties shall appear before the Family Court, Attingal, on 16.11.2017.
Sd/-
ANIL K. NARENDRAN JUDGE //True Copy// P.A to Judge ab