Ambili vs Venukumar on 8 March, 2019

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Kerala High Court

Ambili vs Venukumar on 8 March, 2019

Bench: Sunil Thomas

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     FRIDAY ,THE 08TH DAY OF MARCH 2019 / 17TH PHALGUNA, 1940

                      Tr.P(C).No. 754 of 2018

   (FOR TRANSFERRING OP 1240/2018 of FAMILY COURT, ATTINGAL TO
                  FAMILY COURT, MAVELIKKARA)



PETITIONER/S:


             AMBILI, AGED 34 YEARS
             W/O VENUKUMAR, ASHA BHAVANAM, ERUMAKKUZHY MURI,
             PALAMEL VILLAGE, MAVELIKARA TALUK,
             ALAPPUZHA DISTRICT.

             BY ADVS.
             SRI.S.SHANAVAS KHAN
             SMT.S.INDU




RESPONDENT/S:

             VENUKUMAR,
             AGED 46 YEARS
             S/O GOPINATHANPILLA, A.V. HOUSE, ADAYAMAN P.O.,
             PAZHAYAKUNNUMMAL VILLAGE, CHIRAYINKEEZH TALUK,
             THIRUVANANTHAPURAM DISTRICT-695001.



THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
08.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Tr.P(C).No. 754 of 2018
                                          2



                                   ORDER

The petitioner is the respondent in OP.No.1240/2018 of Family Court, Attingal. She seeks transfer of that case to Family Court, Mavelikara.

2. The petitioner is permanently residing at Mavelikara Taluk in Alappuzha District. According to her, three other proceedings are pending at Mavelikara as OP.No.852/2016 of Family Court, Mavelikara, MC.No.40/2015 of Judicial First Class Magistrate Court- II, Mavelikara and OP.No.529/2016 of Family Court, Mavelikara. The respondent is residing at Thiruvananthapuram.

3. Though notice was served on the counsel appearing for the respondent before the trial court and memo filed, he has not chosen to contest the proceedings. Heard the learned counsel for the petitioner.

4. Evidently, the petitioner is residing within the Mavelikara Taluk. She has to maintain her children aged Tr.P(C).No. 754 of 2018 3 18 years and 15 years respectively. Three other matters are also pending in different courts in Mavelikara. Having considered this, I am inclined to consider that the prayer sought by the petitioner is liable to be allowed. Accordingly, Tr.P.(C) is allowed as follows:

1. O.P.No.1240/2018 pending before the Family Court, Attingal stands transferred to Family Court, Mavelikara.

2. Family Court, Attingal shall transmit all the records to Family Court, Mavelikara.

3. Both sides shall appear before the Family Court, Mavelikara on 4.4.2019. Since the respondent has not chosen to appear before this court, the Family Court, Mavelikara, if it feels that notice of appearance has not been properly served on the respondent, shall issue fresh notice to him for ensure his appearance before that court.

Sd/-

                                      SUNIL THOMAS, JUDGE
    R.AV

                              //True Copy//           PA to Judge
 Tr.P(C).No. 754 of 2018
                               4




                           APPENDIX

    PETITIONER'S/S EXHIBITS:

    ANNEXURE A        TRUE COPY OF O.P.852/2016 FILED BY TE

PETITIONER BEFORE THE HON'BLE FAMILY COURT, MAVELIKARA ANNEXURE B TRUE COPY OF O.P.1240/2018 FILED BY THE PETITIONER BEFORE THE HON'BLE FAMILY COURT, ATTINGAL RESPONDENT'S/S EXHIBITS NIL

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