Vandana Viswanath.K vs Sreekumar.T.Menon
2021 Latest Caselaw 8657 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

             THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

    TUESDAY, THE 16TH DAY OF MARCH 2021 / 25TH PHALGUNA, 1942

                         Tr.P(C).No.59 OF 2021

    AGAINST THE ORDER/JUDGMENT IN OP 839/2020 OF FAMILY COURT,
                           IRINJALAKUDA


PETITIONER/REPONDENT:

             VANDANA VISWANATH.K
             AGED 37 YEARS
             D/O. VSWANATH KOMATTIL HOUSE, M.G. ROAD, NEAR MILMA,
             THRISSUR TALUK, THRISSUR DISTRICT 680 004.

             BY ADVS.
             SRI.C.A.CHACKO
             SMT.C.M.CHARISMA
             SHRI.ALEKH THOMAS

RESPONDENT/PETITIONER:

             SREEKUMAR.T.MENON
             AGED 40 YEARS
             S/O. NARAHARI, PALAPPETTY HOUSE, VELLANKALLUR DESOM,
             WORKSHOP JUNCTION, VADAKKUMKARA VILLAGE, MUKUNDAPURAM
             TALUK, THRISSUR DISTRICT, PIN - 680 662.

             R1 BY ADV. SRI.RAJESH CHAKYAT

     THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
16.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Tr.P(C).No.59 OF 2021

                                     2




                               ORDER

Dated this the 16th day of March 2021

This transfer petition is filed by wife, who is the

respondent in O.P.No.839/2020 on the files of the Family Court,

Irinjalakkuda.

2. The said O.P. was filed by the respondent, husband

for restitution of conjugal rights. The request made by the

petitioner is for transfer of O.P.No.839/2020 on the file of the

Family Court, Irinjalakkuda to Family Court, Thrissur.

3. I heard the learned counsel for the petitioner as

well as the learned counsel for the respondent.

4. The contention of the petitioner is that, since she is

a resident of Thrissur, she is not in a position to contest the case

before Family Court, Irinjalakkuda by undertaking a travel for 25

kilometers. She claims to be financially poor and according to her,

she has to take care of the interests of her minor sons also.

5. The respondent did not file counter affidavit

opposing the transfer. Considering the submissions made by the

counsel appearing on either side, I am satisfied that the request Tr.P(C).No.59 OF 2021

made by the petitioner for transfer of O.P is just and reasonable.

In the result, the petition is allowed, withdrawing

O.P.No.839/2020 on the file of the Family Court, Irinjalakkuda and

transferring it to Family Court, Thrissur. The transferee Court shall

on receipt of the records fix an early date for appearance of the

parties and issue notice to them.

Sd/-

T.V.ANILKUMAR JUDGE SMF Tr.P(C).No.59 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 TRUE COPY OF M.C. NO. 367/20 FILED BY PETITIONER BEFORE THE FAMILY COURT THRISSUR.

ANNEXURE A2 TRUE COPY OF O.P. NO. 1331/20 FILED BY PETITIONER BEFORE FAMILY COURT, THRISSUR.

ANNEXURE A3 TRUE COPY OF O.P. NO. 839/20 FILED BY RESPONDENT AT FAMILY COURT, IRINJALAKKUDA.

//TRUE COPY// PA TO JUDGE