Dilna Subramaniam P vs Kalesh Mohanan
2023 Latest Caselaw 10217 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
       THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA,
                                1945
                    TR.P(C) NO. 529 OF 2023
 AGAINST THE ORDER/JUDGMENT OP 965/2023 OF FAMILY COURT,
                              KANNUR
PETITIONER/RESPONDENT:

            DILNA SUBRAMANIAM P.
            AGED 31 YEARS
            D/O SUBRAMANIAM C 17/2058, PULKURAYIL, KOVOOR,
            NELLIKODE, CHEVAYOOR P.O.,
            KOZHIKODE DISTRICT., PIN - 673017
            BY ADVS.
            ADITHYA RAJEEV
            S.PARVATHI


RESPONDENT/PETITIONER:

            KALESH MOHANAN
            AGED 41 YEARS
            S/O LATE K. MOHANAN ILLAYEDATH MADOM, CHOTTY,
            CHITTADY P.O, KOTTAYAM DISTRICT. PIN 686512
            PRESENTLY RESIDING AT ORA 512-A, INDIAN NAVEL
            ACADEMY, EZHIMALA, KANNUR DISTRICT,
            PIN - 670310
THIS   TRANSFER    PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION    ON   21.09.2023,    THE    COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 TrPC 529/23
                               ..2..



                          JUDGMENT

The petitioner seeks that O.P.No.965/2023 before the

Family Court, Kannur, be transferred to the Family Court,

Kozhikode.

2. The petitioner explains that the afore Original

Petition was filed by the respondent - husband, seeking

divorce; and that on account of the matrimonial disputes

between the parties, she was force to relocate herself to the

parental home at Kozhikode. She says that her father is 64

years in age and her mother is suffering from Rheumatoid

Arthritis and had to undergo surgery in her spine, thus

requiring continuous care and attention, which only she can

give. She says that, therefore, she finds it extremely difficult

to appear before the Family Court, Kannur, which is more than

90 Kms away from her parental residence; and therefore, that

she has been constrained to approach this Court, seeking the

afore requested transfer.

3. I notice from the files that though service of TrPC 529/23 ..3..

summons to the respondent had been completed, he is neither

present in person nor is there appearance on his behalf; thus

inferentially guiding me to the impression that he has nothing

contrary to submit.

4. I have examined the pleadings on record and it is

without doubt that petitioner will be seriously prejudiced, if this

Transfer Petition is not allowed and forced to contest the afore

Original Petition before the Family Court, Kannur.

In the afore circumstances, this Transfer Petition is

allowed and O.P.No.965/2023 will stand transferred from the

Family Court, Kannur to the Family Court, Kozhikode.

Resultantly, the Original Petition, on transfer, will be

numbered appropriately and the parties notified of further

proceedings as per law.

Sd/-

DEVAN RAMACHANDRAN, JUDGE ACR TrPC 529/23 ..4..

APPENDIX OF TR.P(C) 529/2023

PETITIONER ANNEXURES Annexure-I A TRUE COPY OF THE AADHAR CARD OF THE PETITIONER (AADHAR NO. 4318 4225 5039) Annexure-II A TRUE COPY OF THE NOTICE DATED 25-

07-2023 ISSUED BY THE CHIEF MINISTERIAL OFFICER, FAMILY COURT, KANNUR IN RELATION TO O.P NO. 965 OF

Annexure-III A TRUE COPY OF THE AADHAR OF THE PETITIONER'S FATHER (AADHAR NO. 7485 1334 5172)