IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(C).No. 7 of 2010()
1. NISHA.L.S, D/O.K.SASIDHARAN,
... Petitioner
Vs
1. BINU MON.B.R, S/O.INDIRA,
... Respondent
For Petitioner :SRI.M.R.SARIN
For Respondent :SRI.JOHNSON GOMEZ
The Hon'ble MR. Justice P.BHAVADASAN
Dated :05/03/2010
O R D E R
P. BHAVADASAN, J.
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T.P.C. No. 7 of 2010
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Dated this the 5th day of March, 2010
O R D E R
This petition is filed under section 24 of the Code of
Civil Procedure to have O.P. No.622 of 2009 pending before
the Family Court, Kollam transferred to the Family Court,
Kottarakkara.
2. The marriage between the petitioner and the
respondent was solemnized on 9-1-2007 at Gurudeva
Auditorium, Elampalloor. A female child was born in the wed
lock. The respondent filed O.P. No.622 of 2009 before the
Family Court, Kollam for restitution of conjugal rights. The
petitioner pointed out that she is residing at Ezhukone and
she finds it difficult to go to Kollam with her child to attend
the court. She, therefore, prays that O.P. No.622 of 2009
pending before the Family Court, Kollam may be transferred
to the Family Court, Kottarakkara, so that she will be able to
attend the case on subsequent posting dates.
3. This petition is opposed by the respondent,
TPC 7/2010 2
contending that there is no bona fides in the claim and it is
only to protract the proceedings.
4. The fact remains that the petitioner has an infant
child and claim made by her is that she finds it difficult to go
to Kollam to attend the case. The prayer made is a
reasonable. No harm will be caused to the respondent, if the
prayer is allowed.
5. Therefore, this petition is allowed and O.P. No.622
of 2009 pending before the Family Court, Kollam shall stand
transferred to the Family Court, Kottarakkara for trail and
disposal.
This petition is accordingly disposed of.
P.BHAVADASAN, JUDGE.
mn.