Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0]

Kerala High Court

Jayasree vs N.Sukesh on 20 September, 2019

Author: Sunil Thomas

Bench: Sunil Thomas

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

             THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    FRIDAY, THE 20TH DAY OF SEPTEMBER 2019 / 29TH BHADRA, 1941

                      Tr.P(C).No.435 OF 2019

   TO TRANSFER O.P.NO.604/2019 PENDING BEFORE THE FAMILY COURT,
               ATTINGAL TO FAMILY COURT, KOTTARAKKAR



PETITIONER/RESPONDENT IN O.P.NO.604/2019:

             JAYASREE,
             AGED 48 YEARS,
             D/O. KRISHNAN, THEKKETHIL VEEDU,
             NEAR OLD POLICE STATION,
             PATHANAMTHITTA P.O., KOLLAM DISTRICT.

             BY ADVS.
             SRI.MANOJ RAMASWAMY
             SMT.JOLIMA GEORGE
             SMT.C.B.SABEELA

RESPONDENT/PETITIONER IN O.P.NO.604/2019:

             N.SUKESH,
             AGED 54 YEARS,
             S/O. KAPPIL NATARAJAN,
             KALA NIVAS, KAPPIL P.O. EDAVA,
             THIRUVANANTHAPURAM DISTRICT 685 311.

             R1 BY ADV. SRI.S.JATHIN DAS

     THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
20.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Tr.P(C).No.435 OF 2019

                                          2



                                   O R D E R

The petitioner herein was married to the respondent and a child was born in the matrimonial relationship. After the relationship got disrupted, she shifted her residence to Pathanapuram and is conducting a gas agency business there. The child is being looked after by the petitioner.

2. In the meanwhile, O.P.No.604/2019 was filed by the respondent against the petitioner. She seeks transfer of that case on the premise that, she has to travel about 75kms to reach Family Court, Attingal.

3. Notice was served on the respondent, who appeared, but did not seriously oppose the application.

4. Evaluating the factual materials available before me, I am satisfied that the petitioner has made out a reasonable cause for transfer of the case. Accordingly, the transfer petition is allowed Tr.P(C).No.435 OF 2019 3 as follows:

(i) O.P.No.604 of 2019 pending before the Family Court, Attingal, will stand transferred to Family Court, Kottarakkara.
(ii) The Family Court, Attingal shall transmit the entire files of O.P.No.604 of 2019 to the Family Court,Kottarakkara.
(iii) Both sides shall appear before the Family Court, Kottarakkara on 04.11.2019.

The transfer petition (civil) is allowed as above.

Sd/-

SUNIL THOMAS JUDGE VPK Tr.P(C).No.435 OF 2019 4 APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 TRUE PHOTOCOPY OF THE ORIGINAL PETITION IN O.P. NO. 604 OF 2019 BEFORE THE HONBLE FAMILY COURT, ATTINGAL.
RESPONDENT'S/S EXHIBITS:
NIL // TRUE COPY // PA TO JUDGE VPK