Shiny vs Aneesh
2021 Latest Caselaw 10752 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

               THE HONOURABLE MRS. JUSTICE M.R.ANITHA

     TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943

                       Tr.P(C).No.568 OF 2018

       AGAINST THE ORDER/JUDGMENT IN OP 1495/2017 OF FAMILY
                          COURT,THRISSUR


PETITIONER:

              SHINY
              AGED 24 YEARS
              D/O CHANDRAGADHAN,
              VILAYIL VEEDU,
              KIZHAKKUMARA,
              KULATHOOR PO,
              THIRUVANANTHAPURAM

              BY ADVS.
              SMT.DIVYA RAVINDRAN
              REJITHA

RESPONDENT:

              ANEESH
              AGED 26 YEARS
              S/O ARJUNAN,
              MELIKATTIL,
              CHITTISSERI,
              MUKUNDAPURAM TALUK,
              THRISSUR 680 301

              R1 BY ADV. SRI.MAHESH V.MENON

     THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
30.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Tr.P(C).No.568 OF 2018

                                     2


                            JUDGMENT

Dated this the 30th day of March, 2021

The petitioner herein is the respondent in O.P.No.1495

of 2017 on the files of the Family Court Thrissur. The Original

Petition has been filed by the respondent herein under

Section 13(1)(a) of Hindu Marriage Act, 1955 for divorce. A

copy of the Original Petition is produced as Annexure 1.

According to the petitioner, they are residing in

Thiruvananthapuram along with the parents. This Transfer

Petition was filed to transfer O.P.No.1495 of 2017 pending

before the Family Court, Thrissur to Family Court,

Thiruvananthapuram.

2. When the case taken for hearing, the learned

Counsel for the respondent submitted that he has no

objection in transferring O.P.No.1495 of 2017 from Family

Court, Thrissur to Family Court, Thiruvananthapuram. It has

also come out that original petition filed for restitution of

conjugal rights filed by the petitioner against the respondent Tr.P(C).No.568 OF 2018

is pending before the Family Court, Thiruvananthapuram.

3. In the said circumstances, I find it is expedient to

transfer O.P.No.1495 of 2017 on the files of Family Court,

Thrissur to Family Court, Thiruvananthapuram. Family Court,

Thrissur is directed to transmit the records in O.P.No.1495 of

2017 on the files of Family Court, Thrissur to Family Court,

Thiruvananthapuram forthwith.

In the result, the Transfer Petition is allowed. Parties shall

bear their respective costs.

Sd/-

M.R.ANITHA JUDGE AJ Tr.P(C).No.568 OF 2018

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE P1A TRUE COPY OF THE PETITION FOR DIVORCE IN OP.NO.1495/2017.

ANNEXURE P2 TRUE COPY OF THE RESTORATION PETITION,IA NO.1634/2O18 IN OP NO.1495/2017

ANNEXURE P3 TRUE COPY OF THE PETITION FOR RESTITUTION OF CONJUGAL RIGHTS IN 57/2018.