Aswathy R.J vs Umesh Narayanan
2021 Latest Caselaw 14338 Ker

TR.P(C) NO. 213 OF 2021


                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                          THE HONOURABLE MR.JUSTICE V.G.ARUN
           THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
                               TR.P(C) NO. 213 OF 2021
AGAINST THE ORDER/JUDGMENT IN OP 242/2021 OF FAMILY COURT, PATHANAMTHITTA


PETITIONER/RESPONDENT:

              ASWATHY R.J,
              AGED 40 YEARS
              D/O. JANARDHANAN, ASSISTANT MANAGER, PANJAB NATIONAL BANK,
              NADAKKAVU (PO), KOZHIKODE (RESIDING AT AKSHAYA CHELEMBRA,
              CALICUT UNIVERSITY (PO), MALAPPURAM DISTRICT-673635
              BY ADVS.
              M.PROMODH KUMAR
              SMT.MAYA CHANDRAN


RESPONDENT/PETITIONER:

              UMESH NARAYANAN
              AGED 37 YEARS
              S/O. GOURI C, CHAMAKALAYIL, EDATHITTA P.O, PATHANAMTHITTA
              DISTRICT 691 555


THIS   TRANSFER     PETITION     (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
08.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 TR.P(C) NO. 213 OF 2021
                                       2




                                   ORDER

Dated this the 08th day of July 2021

The marriage between the petitioner/wife and

the respondent/husband being doldrums, the parties

have resorted to legal remedies. The respondent has

filed O.P.No.242 of 2021 before the Family Court,

Pathanamthitta for divorce. The petitioner, who is a

permanent resident of Kozhikode and employed at a

Bank in Kozhikode, seeks transfer of the original

petition from the Family Court, Pathanamthitta to the

Family Court, Kozhikode.

2. Learned Counsel for the petitioner submits

that the respondent had also filed O.P.No.953 of

2020 before the Family Court, Pathanamthitta,

seeking restitution of conjugal rights and as per the

order in Tr.P.(C)No.43 of 2021, this Court transferred

that original petition to the Family Court, Kozhikode.

3. In such circumstances, the prayer for

transfer herein, is only to be allowed, particularly TR.P(C) NO. 213 OF 2021

when the respondent failed to appear, despite service

of notice.

In the result, the Tr.P.C No.213 of 2021 is

allowed. O.P.No.242/2021 on the files of the Family

Court, Pathanamthitta shall forthwith be transferred

to the Family Court, Kozhikode.

Sd/-

V.G.ARUN

JUDGE NB/7.7.21 TR.P(C) NO. 213 OF 2021

APPENDIX OF TR.P(C) 213/2021

PETITIONER'S ANNEXURE

ANNEXURE 1 THE TRUE COPY OF THE PETITION IN O.P NO.

242/2021 FROM FAMILY COURT, PATHANAMTHITTA.

RESPONDENT'S ANNEXURE: NIL

True Copy P.A to Judge