High Court Kerala High Court

P.Sumathiamma vs C.N.Gopalakrishnan Nair on 7 October, 2009

Kerala High Court
P.Sumathiamma vs C.N.Gopalakrishnan Nair on 7 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Tr.P(C).No. 113 of 2009()


1. P.SUMATHIAMMA, DEEPTHI, CHELANNUR P.O.,
                      ...  Petitioner

                        Vs



1. C.N.GOPALAKRISHNAN NAIR,
                       ...       Respondent

                For Petitioner  :SRI.P.S.SREEDHARAN PILLAI

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :07/10/2009

 O R D E R
            S.S.SATHEESACHANDRAN, J.
          -----------------------------
             Tr.P.(C).No.113 OF 2009
           --------------------------
     Dated this the 7th day of October 2009
     -------------------------------------


                       ORDER

Petition filed under Section 24 of the

Code of Civil Procedure. Petitioner is the wife

and respondent the husband. Wife seeks transfer of

O.P No.172 of 2009 on the file of the Family Court,

Thiruvalla filed by the husband seeking a decree of

divorce. She is permanently settled at Kozhikode

is canvassed for transfer of the above O.P to the

Family Court at that station.

2. Notice was ordered to the

respondent/husband. Petitioner was also directed

to serve notice on the counsel appearing for the

husband in the O.P which is sought to be

transferred. Memo has been filed evidencing

service on the counsel as ordered. I am satisfied

that due service has been effected on the husband.

He has not entered appearance.

Tr.P.(C).No.113 OF 2009 Page numbers

3. I heard the counsel for the petitioner.

Having elected to remain absent, it appears, the

husband practically concedes that he has no

objection to the request for transfer made by the

wife. Further more on the facts and circumstances

presented, I find transfer of the petition as

desired by the wife considering her permanent

residence at Kozhikode and also her age is necessary

to advance the ends of justice. So much so,

allowing the petition, I direct the Judge, Family

Court, Thiruvalla to transfer O.P No.172/2009 to the

Family Court, Kozhikode without delay. Transferee

court on receipt of the records shall give notice to

the parties for appearance. Petition is disposed as

indicated above.

Sd/-

S.S.SATHEESACHANDRAN,
JUDGE
//TRUE COPY//

P.A TO JUDGE

vdv