Athira Krishna vs Nithin.P.S
2021 Latest Caselaw 8838 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

              THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

   WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942

                       Tr.P(C).No.111 OF 2021

       AGAINST THE ORDER/JUDGMENT IN OP 1804/2020 OF FAMILY
                          COURT,THRISSUR


PETITIONER:

              ATHIRA KRISHNA
              AGED 23 YEARS
              D/O.LATE RADHAKRISHNAN V.K.,
              VARAYATTUPADY HOUSE,
              KUNNAPPILLY P.O.,
              THRISSUR, KERALA 680 311
              NOW RESIDING AT VI/165 B P.K.BUILDERS,
              OPPOSITE CATHOLIC SYRIAN BANK,
              MALIKAMPEEDIKA KARA,
              ALANGAD PANCHAYATH,
              NORTH PARAVUR TALUK.

              BY ADV. SMT.SIKHA G.NAIR

RESPONDENT:

              NITHIN.P.S
              AGED 30 YEARS,
              S/O.SUDHAKARAN P.I.,
              PUDUKADAN HOUSE,
              MANNAMPETTA, VARAKARA P.O.,
              THRISSUR, KERALA 680 302.

              R1 BY ADV. SRI.C.A.CHACKO

     THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
17.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Tr.P(C).No.111 OF 2021

                                  2




                             JUDGMENT

Dated this the 17th day of March 2021

Petitioner has filed this Transfer Petition seeking transfer

of O.P. No.1804/2020, from the files of Family Court, Thrissur to

Family Court, Ernakulam. She is the wife, the respondent in the

O.P. The Original Petition was filed by the petitioner's husband for

restitution of conjugal rights.

2. I heard the learned counsel appearing for the

petitioner as well as the respondent.

3. The contention of the petitioner is that she is

employed in a supermarket in Aluva. She is also living in Aluva

along with her family. It is submitted that, she cannot participate

in the proceedings before Family Court, Thrissur, while being

employed in Aluva undertaking day to day travel to the instant

court. It is further pointed out that she cannot undertake a long

journey from Aluva to Thrissur. The place convenient for conduct of

litigations, according to her, is the Family Court, Ernakulam.

4. The learned counsel for the respondent submits

that the respondent is residing in Varakara which is within the

jurisdictional limits of Family Court, Thrissur and no inconvenience Tr.P(C).No.111 OF 2021

will be caused to the petitioner, if she is to contest the litigation

pending before Family Court, Thrissur.

5. The learned counsel for the petitioner submitted

that, on a previous occasion the respondent/husband sought to

transfer the same O.P. pending before Family Court, Thrissur and it

was dismissed by this Court on merits. Having considered the

submissions made by the counsel appearing on either side, I am of

the opinion that O.P.No.1804/2020 before Family Court, Thrissur,

shall be ordered to be transferred to Family Court, Ernakulam.

In the result, the Transfer Petition is allowed

withdrawing O.P.No.1804/2020 from the file of Family Court,

Thrissur and making it over to Family Court, Ernakulam. The

transferee Family Court on receipt of the records shall fix an early

date for appearance of the parties before that court and issue

notice to them.

Sd/-

T.V.ANILKUMAR JUDGE

SMF Tr.P(C).No.111 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 TRUE COPY OF ORIGINAL PETITION 1804/2020 FILED BEFORE THE HONORABLE FAMILY COURT, THRISSUR.

ANNEXURE A2 TRUE COPY OF ORIGINAL PETITION 2023/2020 PENDING BEFORE THE HONORABLE FAMILY COURT, ERNAKULAM.

//TRUE COPY// PA TO JUDGE