IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(C).No. 113 of 2009()
1. P.SUMATHIAMMA, DEEPTHI, CHELANNUR P.O.,
... Petitioner
Vs
1. C.N.GOPALAKRISHNAN NAIR,
... Respondent
For Petitioner :SRI.P.S.SREEDHARAN PILLAI
For Respondent : No Appearance
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :07/10/2009
O R D E R
S.S.SATHEESACHANDRAN, J.
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Tr.P.(C).No.113 OF 2009
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Dated this the 7th day of October 2009
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ORDER
Petition filed under Section 24 of the
Code of Civil Procedure. Petitioner is the wife
and respondent the husband. Wife seeks transfer of
O.P No.172 of 2009 on the file of the Family Court,
Thiruvalla filed by the husband seeking a decree of
divorce. She is permanently settled at Kozhikode
is canvassed for transfer of the above O.P to the
Family Court at that station.
2. Notice was ordered to the
respondent/husband. Petitioner was also directed
to serve notice on the counsel appearing for the
husband in the O.P which is sought to be
transferred. Memo has been filed evidencing
service on the counsel as ordered. I am satisfied
that due service has been effected on the husband.
He has not entered appearance.
Tr.P.(C).No.113 OF 2009 Page numbers
3. I heard the counsel for the petitioner.
Having elected to remain absent, it appears, the
husband practically concedes that he has no
objection to the request for transfer made by the
wife. Further more on the facts and circumstances
presented, I find transfer of the petition as
desired by the wife considering her permanent
residence at Kozhikode and also her age is necessary
to advance the ends of justice. So much so,
allowing the petition, I direct the Judge, Family
Court, Thiruvalla to transfer O.P No.172/2009 to the
Family Court, Kozhikode without delay. Transferee
court on receipt of the records shall give notice to
the parties for appearance. Petition is disposed as
indicated above.
Sd/-
S.S.SATHEESACHANDRAN,
JUDGE
//TRUE COPY//
P.A TO JUDGE
vdv