Leejamol P.J. vs Zakker on 2 March, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Tr.P(C).No. 16 of 2009()


1. LEEJAMOL P.J., AGED 29 YEARS,
                      ...  Petitioner

                        Vs



1. ZAKKER, AGED 36 YEARS,
                       ...       Respondent

                For Petitioner  :SRI.SAIBY JOSE KIDANGOOR

                For Respondent  :SRI.V.N.SASIDHARAN

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :02/03/2009

 O R D E R
                         K.T.SANKARAN, J.
                 ---------------------------------------------
                      Tr.P.(C).No.16 of 2009
                 ---------------------------------------------
              Dated this the 2nd day of March, 2009



                                 ORDER

The petitioner wife filed O.P.No.1099/08 before the Family

Court, Ettumanoor against the respondent husband for a decree

to realise an amount of Rs.2,35,000/- and for return of gold

ornaments allegedly belonging to her. It is stated that after filing

O.P.No.1099/08, the petitioner shifted her residence and now

she is residing at Kizhakkambalam in Ernakulam District. The

petitioner has filed M.C.No.358/08 before the Family Court,

Ernakulam, against the respondent claiming maintenance. The

prayer in the Transfer Petition is to transfer O.P.No.1099/08

pending before the Family Court, Ettumanoor to the Family

Court, Ernakulam.

2. The respondent husband belongs to Ettumanoor. It is

stated that the petitioner has three children of tender years and

two of them are residing with her and it is very difficult for her

to go to the Family Court, Ettumanoor and to conduct O.P.No.

1099/08. In the changed circumstances, it is submitted that she

had to shift her residence. It is stated by the counsel for the

TPC No.16 /2009 2

petitioner that the petitioner is residing with her brother at

Kizhakkambalam. Considering the comparative hardship that

would be caused to either party if one case is transferred to the

other court, I am of the view that the hardship that would be

caused to the petitioner is much more than the hardship that

would be caused to the respondent husband. For the aforesaid

reasons, O.P.No.1099/08 pending before the Family Court,

Ettumanoor shall stand transferred to the Family Court,

Ernakulam where M.C.No.358/08 is pending. The Registry shall

send a copy of the order to the Family Court, Ettumanoor and

the Family Court, Ernakulam.

The Transfer Petition is allowed as above.

K.T.SANKARAN,
JUDGE
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