IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(C).No. 190 of 2008()
1. NETHU KRISHNAN, D/O.KRISHNA CHETTIYAR,
... Petitioner
Vs
1. SUNIL KUMAR, S/O.NADARAJAN CHETTIYAR,
... Respondent
For Petitioner :SRI.SAJITH KUMAR V.
For Respondent :SRI.BIMAL K.NATH
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :21/08/2008
O R D E R
M. SASIDHARAN NAMBIAR, J.
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Tr.P.(C) NO.190 OF 2008
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Dated this the 21st day of August, 2008
JUDGMENT
Petitioner is the wife and respondent the husband. This
petition is filed under Section 24 of Code of Civil Procedure to
transfer OP(HMA) 130 of 2008 filed by the respondent before
Family Court, Kollam for restitution of conjugal rights, to Family
Court, Alapuzha. Before Family Court, Alapuzha petitioner filed
MC.101 of 2008 claiming maintenance. Both the cases are to be
heard by the same Court. Case of the petitioner is that she is
residing at Harippad and petitioner at Kollam and it is not
convenient for her to travel to Kollam and contest the case.
2. Learned counsel appearing for respondent opposed
the application contending that jurisdiction to both the Family
Courts are the same and therefore there is no necessity to
transfer the case pending before Family Court, Kollam to Family
Court, Alapuzha.
3. As both the cases are to be tried by the same Court
and the convenience of the wife is to be given preference, the
Tr.P(C)190/08 2
petition is allowed. O.P.130 of 2008 on the file of Family Court,
Kollam is withdrawn and transferred to Family Court, Alapuzha
for disposal along with MC.101 of 2008 pending therein.
M. SASIDHARAN NAMBIAR,
JUDGE
Okb/-