Sindhu M.V. vs Rakesh Rajan on 20 January, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Tr.P(C).No. 342 of 2009()


1. SINDHU M.V., AGED 26 YEARS,
                      ...  Petitioner

                        Vs



1. RAKESH RAJAN, AGED 28 YEARS,
                       ...       Respondent

                For Petitioner  :SRI.C.B.SREEKUMAR

                For Respondent  : No Appearance

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

 Dated :20/01/2010

 O R D E R
              S.S.SATHEESACHANDRAN, J.
                  -------------------------------
               Tr.P.(C).NO.342 OF 2009 ()
                -----------------------------------
        Dated this the 20th day of January, 2010

                          O R D E R

Petition for transfer is filed under Section 24 of the Code

of Civil Procedure. Petitioner is the wife, and the respondent,

the husband. Matrimonial disputes between them have given

rise to three proceedings, one at the instance of the husband

and the other two by the wife, in two different Family Courts.

Husband has filed a petition as O.P.No.1205 of 2009 for

dissolution of marriage before the Family Court, Nedumangad.

Wife has filed two petitions, one for return of valuables and

gold ornaments as O.P.No.49 of 2009 and the other for

maintenance under Section 125 of the Code of Criminal

Procedure as M.C.No.22 of 2009, both the petitions before the

Family Court, Thiruvalla. Wife seeks transfer of O.P.No.1205

of 2009 filed by the husband from the Family court,

Nedumangad to the Family Court, Thiruvalla.

TPC.342/09 2

2. Notice was ordered to the respondent. After

acceptance of notice, the respondent/husband has elected to

remain absent. Husband having elected to remain absent, it

appears, practically concedes that he has no objection to the

request for transfer made by the wife. I heard the leaned

counsel for the petitioner. It is submitted that the wife is

permanently settled at Thiruvalla and there is none to assist

her to go over to a Family Court situate at a far off place to

defend the proceedings launched against her by the husband.

I find no reason to doubt the submissions made by the counsel.

I order the transfer of O.P.No.1205 of 2009 on the file of the

Family court, Nedumangad to the Family court, Thiruvalla.

The Judge, Family Court, Nedumangad shall transmit the

records without delay. The transferee court, on receipt of the

records shall give notice to the parties for appearance.

Transfer petition is accordingly disposed.

                           S.S.SATHEESACHANDRAN
                                       JUDGE

prp

TPC.342/09    3