Citation : 2021 Latest Caselaw 9095 Ker
Judgement Date : 18 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942
Tr.P(C).No.68 OF 2021
AGAINST THE ORDER/JUDGMENT IN OPHMA 972/2018 OF FAMILY COURT,
KOTTARAKKARA
PETITIONER/RESPONDENT:
RESHMA KRISHNAN,
AGED 24 YEARS
D/O. T.RADHAKRISHNAN, RESIDING AT KRISHNA VILASAM,
PULI MATHUKUDIELAYIL, PULIMETHU VILLAGE,
CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM-695 304.
BY ADV. SRI.M.R.SARIN
RESPONDENT/PETITIONER:
VINUKUTTAN V.S,
AGED 30 YEARS
S/O. VIJAYANKUTTY, RESIDING AT V.S.BHAVAN, VELIYAM
VILLAGE, MILORD P.O., KAYILE KOIPARAMBU, KOTTARAKARA
TALUK, KOLLAM-691 537.
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Tr.P(C).No.68 OF 2021
2
JUDGMENT
Dated this the 18th day of March 2021
I heard the learned counsel for the petitioner who is the
wife and the respondent in O.P.(HMA)No.972/2018.
2. The request made by the petitioner in this transfer
petition is for transfer of O.P from the file of the Family Court,
Kottakkara to Family Court, Attingal.
3. The said O.P was filed by the respondent, husband
seeking restitution of conjugal rights. The contention of the
petitioner is that she is residing within the jurisdictional limits of
Family Court, Attingal. She has to travel approximately 50 km from
her residence to reach the Family Court, Chavara. According to her,
the Family Court, Attingal is a place convenient to her for pursuit
of litigations.
4. Even though, respondent was served, he did not
appear and file any counter disputing the claim of the petitioner.
Having going through the materials on record, as I am satisfied
that the request made by the petitioner is lawful and reasonable.
In the result, the petition is allowed, withdrawing O.P. Tr.P(C).No.68 OF 2021
(HMA)No.972/2018 on the file of the Family Court, Kottarakkara
and it is made over to it to Family Court, Attingal. 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.68 OF 2021
APPENDIX PETITIONER'S EXHIBITS:
ANNEXURE 1 THE TRUE COPY OF O.P. HMA NO.972/2018 PENDING BEFORE THE FAMILY COURT, KOTTARAKARA.
ANNEXURE A2 THE TRUE COPY OF THE OP NO.993/2018 ON THE FILE OF THE FAMILY COURT, ATTINGAL.
//TRUE COPY// PA TO JUDGE
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