High Court Kerala High Court

Nisha.L.S vs Binu Mon.B.R on 5 March, 2010

Kerala High Court
Nisha.L.S vs Binu Mon.B.R on 5 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Tr.P(C).No. 7 of 2010()


1. NISHA.L.S, D/O.K.SASIDHARAN,
                      ...  Petitioner

                        Vs



1. BINU MON.B.R, S/O.INDIRA,
                       ...       Respondent

                For Petitioner  :SRI.M.R.SARIN

                For Respondent  :SRI.JOHNSON GOMEZ

The Hon'ble MR. Justice P.BHAVADASAN

 Dated :05/03/2010

 O R D E R
                       P. BHAVADASAN, J.
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                      T.P.C. No. 7 of 2010
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            Dated this the 5th day of March, 2010

                            O R D E R

This petition is filed under section 24 of the Code of

Civil Procedure to have O.P. No.622 of 2009 pending before

the Family Court, Kollam transferred to the Family Court,

Kottarakkara.

2. The marriage between the petitioner and the

respondent was solemnized on 9-1-2007 at Gurudeva

Auditorium, Elampalloor. A female child was born in the wed

lock. The respondent filed O.P. No.622 of 2009 before the

Family Court, Kollam for restitution of conjugal rights. The

petitioner pointed out that she is residing at Ezhukone and

she finds it difficult to go to Kollam with her child to attend

the court. She, therefore, prays that O.P. No.622 of 2009

pending before the Family Court, Kollam may be transferred

to the Family Court, Kottarakkara, so that she will be able to

attend the case on subsequent posting dates.

3. This petition is opposed by the respondent,

TPC 7/2010 2

contending that there is no bona fides in the claim and it is

only to protract the proceedings.

4. The fact remains that the petitioner has an infant

child and claim made by her is that she finds it difficult to go

to Kollam to attend the case. The prayer made is a

reasonable. No harm will be caused to the respondent, if the

prayer is allowed.

5. Therefore, this petition is allowed and O.P. No.622

of 2009 pending before the Family Court, Kollam shall stand

transferred to the Family Court, Kottarakkara for trail and

disposal.

This petition is accordingly disposed of.

P.BHAVADASAN, JUDGE.

mn.