Vineetha P.V. vs Vineetha P.V.
2021 Latest Caselaw 9771 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

             THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

     TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

                      Tr.P(C).No.118 OF 2021

  AGAINST THE ORDER/JUDGMENT IN OPHMA 1039/2019 OF FAMILY COURT,
                           IRINJALAKUDA


PETITIONER/RESPONDENT IN OP:

             VINEETHA P.V., AGED 32 YEARS,
             D/O. VIJAYAN,
             PUTHIYAPARAMBATH HOUSE, ERUMATHALA P.O., EDAYAPPURAM,
             ALUVA-683 101.

             BY ADV. SMT.SYAMA MOHAN

RESPONDENT/PETITIONER IN OP:

             AYYAPPADAS, AGED 41 YEARS,
             S/O.SIVASANKARAN NAIR,
             PUTHIYAPARAMBATH HOUSE,
             IRANIKULAM P.O.,
             THIRUMUKKULAM, KUZHUR,
             MUKUNDAPURAM TALUK,
             THRISSUR, PIN-680 734.


THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD           ON
23.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Tr.P(C).No.118 OF 2021


                                                         2




                                                   ORDER

The petitioner in this transfer petition is the wife and the

respondent in O.P.(HMA) No.1039 of 2019 pending before the

Family Court, Irinjalakkuda. The petitioner seeks for an

order directing transfer of O.P.(HMA) No.1039 of 2019 from

Family Court, Irinjalakkuda to Family Court, Ernakulam. The

contention of the petitioner is that she is living in Aluva,

which is within the jurisdiction of Family Court, Ernakulam.

2. I heard the learned counsel appearing for the petitioner. The

respondent in spite of being served did not file any counter

opposing this petition.

3. It is submitted that O.P.(HMA) No.1039 of 2019 was filed by

the husband, who is the respondent herein, for restitution of

conjugal rights. It is further submitted that the petitioner had

already filed M.C.No.282/2020 before the Family Court,

Ernakulam seeking maintenance for herself and children,

which is pending before the Family Court, Ernakulam.

According to the petitioner, she is not in a position to travel

such a long distance especially when there is no one to

accompany her and when she has to take care of her

children.

4. After hearing the learned counsel appearing for the petitioner, Tr.P(C).No.118 OF 2021

I am satisfied that this is a fit case in which request made by

the petitioner for transfer is just and reasonable and she is

entitled to get an order of transfer as sought for.

5. In the result, this transfer petition (Civil) is allowed. O.P.

(HMA) No.1039 of 2019 pending on the files of the Family

Court, Irinjalakuda will stand withdrawn and transferred to

the Family Court, Ernakulam. The Family Court, Irinjalakuda

is hereby directed to forward all records immediately to the

Family Court, Ernakulam and on receipt of the same, the

Family Court, Ernakulam shall fix an early date for

appearance of parties and issue notice.

Sd/-

T.V.ANILKUMAR, JUDGE AMV/23/03/2021 Tr.P(C).No.118 OF 2021

APPENDIX

PETITIONER'S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE MC NO.282/2020 OF THE FAMILY COURT, ERNAKULAM.

        ANNEXURE A2        TRUE   COPY   OF  THE       NOTICE   IN   OP
                           NO.1039/2019     OF         FAMILY     COURT
                           IRINJALAKUDA.

        ANNEXURE A3        TRUE COPY OF THE OP NO.1039/2019 OF
                           FAMILY COURT, IRINJALAKUDA.

        RESPONDENTS EXHIBITS :   NIL



                                           TRUE COPY      P.A.TO JUDGE