High Court Kerala High Court

Biju vs Smitha Raj on 5 August, 2010

Kerala High Court
Biju vs Smitha Raj on 5 August, 2010
       

  

  

 
 
  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.
                             --------------------------------------
                               Tr.P.(C) No.142 of 2010
                             --------------------------------------
                     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is withdrawn from that court and made over to Family Court, Kollam for trial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