High Court Kerala High Court

Smitha.M.D vs R.Santhosh on 6 April, 2010

Kerala High Court
Smitha.M.D vs R.Santhosh on 6 April, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Tr.P(C).No. 15 of 2010()


1. SMITHA.M.D,D/O.MITHUNJAYAN UNNITHAN,
                      ...  Petitioner

                        Vs


1. R.SANTHOSH
                       ...       Respondent

                For Petitioner  :SRI.B.MOHANLAL

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.BHAVADASAN

 Dated :06/04/2010

 O R D E R
                        P.BHAVADASAN, J.
                        -------------------------
               Tr.P.C Nos.305 of 2009 & 15 of 2010
                        --------------------------
                  Dated this the 6th April, 2010

                            O R D E R

These petitions have been filed under Section 24 of the

Code of Civil Procedure seeking transfer of two cases

pending from the Family Court,Nedumangad to Family

Court, Kollam to be tried along with O.P. No.1043/2009. .

2. The marriage between the respondent and

petitioner was solemnised on 19.5.2001 as per the customary

rites and ceremonies prevailing in the Hindu community.

They have two children in the wed lock. It seems that

differences of opinion arose between them and they decided

to separate. Several allegations have been raised in the

petition which are not relevant for the present purpose.

Petitioner says that her parents are aged and she will find it

difficult to attend the case in Family Court, Nedumangad on

the posting dates. There is nobody to accompany her.

Petitioner is residing in Nedumpana in Kollam District and

she has to travel long distance to reach the Family Court,

Nedumangad. This will cause considerable inconvenience to

the petitioner.

Tr.P.C Nos.305 of 2009 & 15 of 2010
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3. On the basis of the above grounds, she seeks

transfer of two cases pending from the Family Court,

Nedumangad to Family Court, Kollam.

4. Learned counsel appearing for the respondent says

that he has no objection in allowing the petition.

5. In the light of the statements made in the petition,

it is felt that it is only just and proper to allow this petition.

6. In the light of the stand taken by the respondent,

these petitions are allowed and O.P. No.1085/2009 and O.P.

No.1568/2009 pending before the Family Court, Nedumangad

shall stand transferred to Family Court, Kollam to be tried

along with O.P. No.1043/2009. Parties shall appear before

the Family Court, Kollam on 18.5.2010. The Family Court,

Kollam shall take up the matter and dispose of the same, in

accordance with law, as expeditiously as possible, at any rate,

within six months from the date of re-opening of the courts

after summer vacation.

P.BHAVADASAN, JUDGE
ma

Tr.P.C Nos.305 of 2009 & 15 of 2010
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Tr.P.C Nos.305 of 2009 & 15 of 2010
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