Aswahy Udayan vs Prince Anand
2021 Latest Caselaw 8842 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.461 OF 2020

   AGAINST THE ORDER/JUDGMENT IN OPHMA 30/2019 OF FAMILY COURT,
                             ATTINGAL


PETITIONER/REPONDENT:

             ASWAHY UDAYAN,
             AGED 33 YEARS
             D/O. UDAYAN, SOORYA, PUNNAPRA, ALAPPUZHA DISTRICT,
             NOW RESIDING AT NERANG, SOUTH PORT, QUEENS LAND,
             AUSTRALIA.

             BY ADV. SRI.K.RAKESH

RESPONDENT/PETITIONER:

             PRINCE ANAND,
             AGED 38 YEARS
             S/O. T. SOBHANA, SASANK, KAVAL NAGAR, CATCHIMY,
             KOLLAM DISTRICT, PIN 691 007


     THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Tr.P(C).No.461 OF 2020

                                    2




                                ORDER

Dated this the 17th day of March 2021

Petitioner has filed this Transfer Petition seeking transfer of

O.P.(HMA)No.30/2019 from the file of the Family Court, Attingal to

Family Court, Alappuzha.

2. Though notice was served on the learned counsel

appearing for the respondent before the lower Court, he did not

appear and file any counter. The petitioner is a permanent resident of

Alappzha. The spouses are employed in Australia. She being a resident

of Alappuza, according to her, it will be convenient to her if original

petition is ordered to be transferred to Family Court, Alappuzha, where

she can arrange a lawyer at her convenience. She further submits

that, she can take care of the litigation with the help of her friends and

relatives also provided the transfer is ordered to the place proposed.

3. It is pointed out that there are some litigations which

are pending before Family Court, Mavelikkara. Taking into

consideration the submission made by the petitioner that it will be the

convenient for her to arrange a lawyer from Alappuzha, which is her

home place and she is also a permanent resident in Alappuzha, I am Tr.P(C).No.461 OF 2020

inclined to accept her request for transfer of O.P. from Family Court,

Attingal to Family Court, Alappuzha.

In the result, transfer petition is allowed. The proceedings

in O.P.(HMA)No.30/2019 on the file of the Family Court, Attingal is

withdrawn and made over to Family Court, Alappuzha. The transferee

Family 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.461 OF 2020

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE-A TRUE COPY OF THE PETITION FILED BY THE RESPONDENT IN OP HMA NO.30/2019 BEFORE THE FAMILY COURT, ATTINGAL DATED 09.01.2019.

//TRUE COPY//

PA TO JUDGE