Saraswathy vs Ramachandran
2021 Latest Caselaw 6572 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

              THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

  WEDNESDAY, THE 24TH DAY OF FEBRUARY 2021 / 5TH PHALGUNA, 1942

                       Tr.P(C).No.146 OF 2020

    AGAINST THE ORDER/JUDGMENT IN OP 758/2019 OF FAMILY COURT,
                             PALAKKAD


PETITIONER:

              SARASWATHY
              D/O MURUKAN,KUMBARATHARA,
              NEAR N.S.S.COLLEGE, PALAPPURAM,
              OTTAPALAM TALUK,
              PALAKKAD DISTRICT.

              BY ADVS.
              SRI.P.JAYARAM
              SHRI.AKHIL P

RESPONDENT:

              RAMACHANDRAN
              S/O.ALAGIRI,KUMBARATHARA,KALAPETTY.P.O,
              KUZHALMANNAM,ALATHUR TALUK,
              PALAKKAD DISTRICT,PIN-678702.


     THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Tr.P(C).No.146 OF 2020

                                   2


                             O R D E R

Dated this the 24th day of February 2021

Petitioner in this Transfer Petition is the wife and the

respondent in O.P.No.758 of 2019 on the file of Family Court,

Palakkad. She seeks transfer of the O.P. to Family Court,

Ottappalam contending that she is living within the

jurisdictional limits of Family Court, Ottappalam.

2. The O.P. was filed by the respondent/husband for

restitution of conjugal rights. According to the petitioner, she

is living around 45 k.m. away from the premises of Family

Court, Palakkad. It is pointed out by the learned counsel for

the petitioner that she has already filed O.P. 192/2020

seeking return of gold ornaments and other reliefs before

Family Court, Ottappalam against the respondent herein.

3. I heard learned counsel for the petitioner.

4. The respondent does not seem to have filed any

counter disputing the allegations in this Transfer Petition.

Considering the fact that the petitioner will have to undertake

a long journey from her residence to contest the proceedings

before the Family Court, Palakkad, I am of the opinion that Tr.P(C).No.146 OF 2020

the request made by her for transfer is just and lawful.

In the result, O.P. is allowed ordering transfer of

O.P.No.758 of 2019 from Family Court, Palakkad to Family

Court, Ottappalam. The Family Court, Palakkad shall

immediately transmit all records to the transferee Family

Court which on receipt of the records shall fix an early date

for appearance of parties and issue notice.

Sd/-

T.V.ANILKUMAR JUDGE SCS Tr.P(C).No.146 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE ORIGINAL PETITION IN O.P.NO.758/2019,ON THE FILES OF FAMILY COURT,PALAKKAD.

ANNEXURE A2 TRUE COPY OF THE SUMMONS ISSUED TO THE PETITIONER TO APPEAR BEFORE THE FAMILY COURT, PALAKKAD IN O.P.NO.758/2019 ON THE FILES OF FAMILY COURT,PALAKKAD.