Neethu Krishnan vs Sunil Kumar on 15 June, 2011

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Kerala High Court

Neethu Krishnan vs Sunil Kumar on 15 June, 2011

Bench: K.T.Sankaran

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Tr.P(C).No. 357 of 2010()


1. NEETHU KRISHNAN, D/O.KRISHNAN CHETTIYAR,
                      ...  Petitioner

                        Vs



1. SUNIL KUMAR, S/O.NADARAJAN CHETTIYAR,
                       ...       Respondent

                For Petitioner  :SRI.D.AJITHKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :15/06/2011

 O R D E R
                         K.T.SANKARAN, J.
            ------------------------------------------------------
                   Tr.P.(C). NO. 357 OF 2010
            ------------------------------------------------------
             Dated this the 15th day of June, 2011


                               O R D E R

The petitioner is the wife of the respondent. The marriage between the parties was solemnized on 28.4.2005 at Haripad. The petitioner belongs to Haripad. The respondent belongs to Kollam.

2. It is stated that the respondent filed O.P.(HMA) No.130 of 2008 before the Family Court, Kollam for restitution of conjugal rights. The petitioner filed M.C.No.101 of 2008 before the Family Court, Alappuzha for maintenance for her and for the child. O.P. (HMA) No.130 of 2008 was transferred to the Family Court, Alappuzha. Later, the respondent withdrew O.P.(HMA) No.130 of 2008. It is also stated that M.C.No.101 of 2008 was allowed by the Family Court, Alappuzha.

3. Thereafter, the petitioner filed O.P.(HMA) No.464 of 2010 before the Family Court, Alappuzha against the respondent Tr.P.(C) NO.357 OF 2010 :: 2 ::

for divorce. The respondent, in turn, filed O.P.(HMA) No.918 of 2010 before the Family Court, Kollam for divorce. The prayer made by the petitioner in the Transfer Petition is to transfer O.P. (HMA) No.918 of 2010, pending before the Family Court, Kollam to the Family Court, Alappuzha.

4. Though notice was served on the respondent, there is no appearance for him.

5. The petition for divorce filed by the petitioner is pending before the Family Court, Alappuzha. At any rate, the respondent has to appear before the Family Court, Alappuzha for conducting that case. Going by the averments in the Transfer Petition, it is seen that the respondent filed O.P.(HMA) No.918 of 2010 before the Family Court, Kollam after the petitioner filed O.P.(HMA) No.464 of 2010 before the Family Court, Alappuzha. Now there are two Original Petitions for divorce pending before two Family Courts. It is only just and proper to direct the Original Petitions to be tried by the same Family Court. Now the question is which Family Court will consider those cases. The petitioner being a woman, it is only just and proper to transfer O.P.(HMA) No.918 of Tr.P.(C) NO.357 OF 2010 :: 3 ::

2010 pending before the Family Court, Kollam to the Family Court, Alappuzha, where O.P.(HMA) No.464 of 2010 is pending.

Accordingly, the Transfer Petition is allowed. O.P.(HMA) No.918 of 2010 pending before the Family Court, Kollam is transferred to the Family Court, Alappuzha. Family Court, Kollam shall transmit the records to the Family Court, Alappuzha.

(K.T.SANKARAN) Judge ahz/

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