Kerala High Court
Nikhila M.P vs Nil on 31 January, 2014
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 31ST DAY OF JANUARY 2014/11TH MAGHA, 1935
Tr.P(C).No. 291 of 2013
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THE MATTER OF TRANSFER OF O.P.NO. 912/2013 OF FAMILY COURT, ATTINGAL TO
FAMILY COURT, THIRUVANANTHAPURAM.
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NAME AND ADDRESS OF THE PETITIONER :
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NIKHILA M.P.,AGED 25 YEARS,
D/O. MR.MADHAVAN NAIR, MOOZHIKKARA HOUSE, TC/36/296(1),
PERUMTHANI, VALLAKKADAVU P.O., THIRUVANANTHAPURAM.
BY ADVS.SRI.C.A.MAJEED
SRI.K.H.ASIF
SMT.RAAGA R.RAMALAKSHMI
SRI.P.B.UNNIKRISHNAN NAIR
NAME AND ADDRESS OF THE RESPONDENT :
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SAJANLAL, AGED 27 YEARS,
S/O. SATHYAN, SAUMYA BHAVAN, MUNDAKKAL,
MURUKKUMPUZHA, POTHENCODE P.O.,
NOW RESIDING AT SIVAGANGAM POTHENCODE,
PULIVEEDU WARD, POTHENCODE P.O.,
THIRUVANANTHAPURAM-695 584.
BY ADV. SRI.SHAJIN S.HAMEED
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 31-01-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
Tr.P(C).No. 291 of 2013
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APPENDIX
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PETITIONER(S)' ANNEXURES:
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ANNEXURE A1: PHOTOCOPY OF THE PETITION IN O.P.NO.912 OF 2013 FILED
BY THE RESPONDENT BEFORE THE FAMILY COURT, ATTINGAL.
RESPONDENT(S)' ANNEXURES:
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NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
A.MUHAMED MUSTAQUE, J
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Tr.P(c) No.291 of 2013
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Dated this the 31st day of January, 2014
ORDER
This petition is filed under Section 24 of the Code of Civil Procedure seeking transfer of O.P.No.912 of 2013 on the file of the Family Court, Attingal to the Family Court, Thiruvananthapuram.
2. The respondent filed O.P 912/2013 for restitution of conjugal rights before the Family Court, Attingal. The petitioner herein is the respondent in the above matter.
3. The petitioner alleges that the respondent is involved in several criminal cases and since Attingal is home area of the respondent, the petitioner and her parents deeply fear for her life. The learned counsel for the respondent raises serious objection regarding the allegation of the involvement in the criminal case. The learned counsel for the petitioner further says that she is residing with her parents at Thiruvananthapuram. She finds it difficult to travel to Attingal Tr.P(c) No.291 of 2013 2 to attend the case at Family Court, Attingal. The petitioner also states that there is no one to accompany her to attend the case at Family Court, and she is currently a student undergoing computer course at Thiruvananthapuram.
4. The involvement of the criminal case cannot be a ground to order transfer. However, the petitioner being a lady and her apprehension that travel to Attingal without support of her parents, is well-founded. There is nothing on record to disbelieve the claim of the petitioner that she is a student at Thiruvananthapuram. In such circumstances I find, it is proper and fitness of things demands for transfer of O.P.No.912 of 2013, pending before the Family Court, Attingal to the Family Court, Thiruvananthapuram.
This transfer petition is allowed. O.P.No.912 of 2013 on the file of the Family Court, Attingal is withdrawn from the said court and transferred to the Family Court, Thiruvananthapuram. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln