Babu vs Anurekha
2021 Latest Caselaw 15958 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                     THE HONOURABLE MR.JUSTICE V.G.ARUN
         MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
                             TR.P(C) NO. 63 OF 2020
  TO TRANSFER MC 187/2019 FROM FAMILY COURT, PALAKKAD TO FAMILY COURT,
                                  OTTAPPALAM
PETITIONER:

              BABU,
              AGED 30 YEARS
              S/O. SANKARAN, VADAKKEKARA VEEDU, PATTIPARAMBU DESOM,
              THIRUVILLAMALA VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT
              REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, SMT. USA, W/O.
              SANKARAN,VADAKKEKARA VEEDU, PATTIPARAMBU DESOM,
              THIRUVILLAMALA VILLAGE, THALAPILLY TALUK, THRISSUR DISTRICT.
              BY ADV O.D.SIVADAS


RESPONDENT:

              ANUREKHA
              D/O. SUBHADRA, NADUKKADU HOUSE, NADUVATHUPARA DESOM,
              PERINGOTTUKURISSI VILLAGE, ALATHUR TALUK, PALAKKAD DISTRICT
              678 574.
              BY ADVS.
              SRI.RAJESH SIVARAMANKUTTY
              SMT.JAEONA JAMES



THIS   TRANSFER   PETITION    (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
02.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 TR.P(C) NO. 63 OF 2020
                                           2




                                   ORDER

Dated this the 02nd day of August 2021

The spouses are at loggerheads and have

resorted to legal remedies. The petitioner/husband has

filed O.P. No.913 of 2019 before the Family Court,

Thrissur which was subsequently transferred to the

Family Court, Ottappalam as per the order in Tr. P.(C.)

No.381 of 2019 filed by the respondent/wife.

Thereafter, the respondent filed M.C.No.187 of 2019

before the Family Court, Palakkad. The petitioner seeks

transfer of the maintenance case to the Family Court,

Ottappalam.

2. Learned Counsel for the respondent submitted

that the Family Court, Palakkad is nearer to the

respondent's residence.

3. Learned Counsel for the petitioner submitted

that one case having been transferred to the Family

Court, Ottappalam at the instance of the respondent,

she cannot insist that Maintenance Case should TR.P(C) NO. 63 OF 2020

continue before the Family Court, Palakkad itself.

4. One of the cases between the parties was

transferred to the Family Court, Ottappalam at the

request of the respondent, I find the prayer for transfer

of the maintenance case to be well founded.

In the result, Tr.P.C No.63 of 2020 is allowed.

M.C.No.187 of 2019 on the files of the Family Court,

Palakkad shall forthwith be transferred to the Family

Court, Ottappalam.

Sd/-

V.G.ARUN

JUDGE NB/2.8.21 TR.P(C) NO. 63 OF 2020

APPENDIX OF TR.P(C) 63/2020

PETITIONER'S ANNEXURE

ANNEXURE A TRUE COPY OF OP NO. 913/2019 FILED BEFORE THE FAMILY COURT, THRISSSUR.

ANNEXURE B TRUE COPY OF THE JUDGMENT DATED 30.10.2019 IN TR. P (C) NO. 381/2019 OF THIS HONBLE COURT.

ANNEXURE C TRUE COPY OF THE MC NO. 187/2019 FILED BEFORE THE HONBLE FAMILY COURT, PALAKKAD BY THE RESPONDENT.

ANNEXURE D TRUE COPY OF THE SUMMONS DATED 4.11.2019 ISSUED BY THE FAMILY COURT, PALAKKAD.

RESPONDENT'S ANNEXURE: NIL

True Copy P.A to Judge