IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(C).No. 142 of 2010()
1. BIJU
... Petitioner
Vs
1. SMITHA RAJ
... Respondent
For Petitioner :SRI.M.V.THAMBAN
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :05/08/2010
O R D E R
THOMAS P. JOSEPH, J.
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Tr.P.(C) No.142 of 2010
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Dated this the 5th day of August, 2010.
ORDER
Respondents are served sufficient early on this petition but there is no
response. Heard counsel for petitioner.
2. Respondent No.1/wife has filed M.C.No.88 of 2010 for maintenance
and O.P.No.362 of 2010 in Family Court, Kollam. Petitioner has filed O.P.
(HMA) No.699 of 2009 in Family Court, Kottarakkara seeking a decree of divorce
against respondent No.1. Petitioner wants the case pending in Family Court,
Kottarakkara to be transferred to Family Court, Kollam where proceedings
initiated by respondent No.1/wife are pending. Petitioner is residing at
Mynagappally in Kollam District. Respondent No.1 resides at Karunagappally in
Kollam District. According to the learned counsel Family Court, Kollam is nearer
to the place of residence of respondent No.1 as well.
3. Considering the circumstances stated by learned counsel and also
the fact that two proceedings initiated by respondent No.1/wife are pending in
Family Court, Kollam I am inclined to allow this petition.
Resultantly this petition is allowed in the following lines:
Tr.P.(C) No.142/2010
2
i. O.P. (HMA)No.699 of 2009 pending in Family Court, Kottarakkara
is withdrawn from that court and made over to Family Court, Kollam for trial
and disposal.
ii. The transferor court shall, while transmitting records of the case to
the transferee court fix date for appearance of parties in the transferee court
with due intimation to the counsel on both sides.
iii. Transferee court shall ensure that as far as possible all the cases
are posted on the same dates.
I.A.No.1196 of 2010 will stand dismissed.
THOMAS P.JOSEPH,
Judge.
cks