Chellamma .P vs Sasidharan Nair.V
2021 Latest Caselaw 14428 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
       TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
                        TR.P(C) NO. 241 OF 2020
PETITIONER/S:

           CHELLAMMA .P
           AGED 59 YEARS
           THOTTAKKARA HOUSE, POOVARANTHODU P.O., KOODARANJI,
           KOZHIKODE, PIN-673 604.

           BY ADV S.K.SAJU



RESPONDENT/S:

           SASIDHARAN NAIR.V.
           AGED 66 YEARS
           S/O.VASUDEVAN PILLAI, NISHAS HOUSE, MEMALA P.O.,
           THALLACHIRA, VITHURA, THIRUVANANTHAPURAM, PIN-695 551.

           BY ADVS.
           SRI.GOVIND PADMANAABHAN
           SRI.G.P.SHINOD
           SHRI.AJIT G ANJARLEKAR
           SHRI.ATUL MATHEWS




     THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 TR.P(C) NO. 241 OF 2020
                                 2



                              JUDGMENT

Dated this the 13th day of July, 2021

The prayer in this petition is to transfer of OP No. 264 of

2020 filed by the respondent / husband before the Family Court

Nedumangad to the Family Court, Kozhikode, where OP No.

1054 of 2018 filed by the petitioner / wife is pending. The

marital discord among the spouses led to the filing of the

original petitions. The wife, a permanent resident of Kozhikode

highlights the extreme difficulties to which she will be put to, if

compelled to appear before the Family Court at Nedumangad.

Even though, the prayer for transfer is opposed by the

respondent, I find merit in the request of the wife considering

the prevailing situation and the distance between the two

Courts.

2. Learned counsel for the respondent points out that OP

No. 1054 of 2018 is posted for evidence by the Family Court at

Kozhikode on 17.07.2021. It is suggested that in the event of

the transfer petition being allowed, the further proceedings in TR.P(C) NO. 241 OF 2020

that original petition may be deferred for a short while, so that

the respondent can file a joint petition for getting both matters

heard together. I find merit in the said request.

Accordingly, the transfer petition is allowed. OP No.264

of 2020 on the files of the Family Court Nedumangad shall

forthwith be transferred to the Family Court Kozhikode. The

further proceedings in OP No.1054 of 2018, pending on the

files of the Family Court Kozhikode, shall be deferred for a

period of two weeks.

Sd/-

V.G ARUN JUDGE

SJ TR.P(C) NO. 241 OF 2020

APPENDIX OF TR.P(C) 241/2020

PETITIONER ANNEXURE

ANNEXURE A1 A TRUE COPY OF THE PETITION IN OP NO.1054/2018 BEFORE THE LEARNED FAMILY COURT, KOZHIKODE.

ANNEXURE A2 A TRUE COPY OF THE PETITION DATED 01.11.2019 IN OP NO.264/2020 DATED 20.02.2020 PENDING BEFORE THE LEARNED FAMILY COURT, NEDUMANGAD.