Kerala High Court
Anju.R vs Ajeesh. D on 19 August, 2016
Author: K.Ramakrishnan
Bench: K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
FRIDAY, THE 19TH DAY OF AUGUST 2016/28TH SRAVANA, 1938
Tr.P(C).No. 206 of 2014 ()
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TO TRANSFER OP(HMA). NO.255/2014 OF FAMILYCOURT, ATTINGAL TO
FAMILY COURT, ALAPPUZHA.
........
PETITIONER(S):
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ANJU.R., AGED 27 YEARS,
D/O.RAMACHANDRAN, RESIDING AT
KANDATHIL CHIRAYIL, THATHAMPALLY,
ALAPPUZHA.
BY ADV. SRI.B.PRAMOD.
RESPONDENT(S):
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AJEESH. D.,
AGED 28 YEARS, S/O. DEVARAJAN,
RESIDING AT AJEESH BHAVAN, VELARKUDI,
ATTINGAL, THIRUVANANTHAPURAM DISTRICT.
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 19-08-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
rs.
Tr.P(C).No. 206 of 2014
APPENDIX
PETITIONER'S ANNEXURES:-
ANNEXURE I COPY OF THE MEMORANDUM IN OP(HMA) NO.255/2014
BEFORE THE FAMILY COURT, ATTINGAL.
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.S.TO JUDGE
rs.
K.RAMAKRISHNAN, J.
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Tr.P (C) No.206 of 2014
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Dated this the 19th day of August, 2016
ORDER
This is an application for transfer of O.P(HMA) No.255 of 2014 from Family Court, Attingal to Family Court, Alappuzha under Section 24 of the Code of Civil Procedure.
2. It is alleged in the petition that petitioner is the respondent in O.P(HMA) No.255 of 2014 on the file of the Family Court, Attingal, which was filed by the respondent, husband for restitution of conjugal rights. The petitioner is not having any employment and she is now residing at Alappuzha along with her relatives. She is not in a position to go to Attingal to conduct the case. So it is necessary in the interest of justice to transfer O.P (HMA) No.255 of 2014 to Family Court, Alappuzha. Hence the petition.
3. Though notice was served on the respondent, he remained absent. Heard Smt.Reji. R representing Sri.B.Pramod, counsel for the petitioner.
4. The counsel for the petitioner submitted that being a lady she is finding it difficult to go to Attingal to conduct the case.
Tr.P(C) No.206 of 2016
Page numbers
5. It is an admitted fact that the respondent married the petitioner and after some time, they started residing separately. Respondent filed O.P(HMA) No.255 of 2014 before the Family Court, Attingal for restitution of conjugal rights. The petitioner is now residing in Alappuzha along with her relatives and it will be difficult for her to go to Attingal to conduct the case without the help of others. Asking a lady without any job to go to Attingal to conduct the case will only cause unnecessary hardships to her. So, considering the circumstances, this Court feels that it is necessary in the interest of justice to transfer O.P(HMA) No.255 of 2014 pending before Family Court, Attingal to Family Court, Alappuzha.
So the petition is allowed and O.P(HMA) No.255 of 2014 pending before Family Court, Attingal is withdrawn and transferred to Family Court, Alappuzha for disposal. Family Court, Attingal is directed to transmit the records to Family Court, Alappuzha at the earliest. Registry is directed to communicate this order to both the courts below immediately.
Sd/-
K.RAMAKRISHNAN, JUDGE vdv/22/08/16