IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(C).No. 360 of 2009()
1. T.S.JAYALAKSHMI,
... Petitioner
Vs
1. SOMASEKHARAN NAIR, S/O.NARAYAN NAIR,
... Respondent
For Petitioner :SRI.M.R.SARIN
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :15/09/2010
O R D E R
THOMAS P.JOSEPH, J.
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Tr.P(C) No.360 of 2009
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Dated this the 15th day of September, 2010
O R D E R
Respondent is served on the petition but he has not
responded.
2. This petition is filed by the wife seeking transfer of
O.P. No.253 of 2009 from Family Court, Thodupuzha to Family
Court, Kottayam at Ettumanoor. Petitioner is a resident of
Puliyanoor in Mutholi Village, Palai. Petitioner filed M.C. No.303 of
2009 in Family Court, Kottayam, at Ettumanoor claiming
maintenance from the respondent-husband. Respondent has filed
O.P. No.253 of 2009 in Family Court, Thodupuzha for dissolution
of marriage. Though distance wise petitioner has no reason to
seek transfer, request is based on pendency of the case at
Thodupuzha. Since M.C. No.303 of 2009 is pending in Family
Court, Kottayam at Ettumanoor and so far there is no request for
transfer of that case to Thodupuzha it is appropriate that both the
cases are decided by the same court. Hence I am inclined to allow
this petition.
Resultantly, petition is allowed in the following lines:
Tr.P(C) No.360 of 2009
-: 2 :-
(i) O.P. No.253 of 2009 pending in Family
Court, Thodupuzha is withdrawn from that court and
transferred to Family Court, Kottayam, at
Ettumanoor.
(ii) The transferor court while transmitting
records of the case to the transferee court shall fix
date for appearance of parties in the transferee
court with due intimation to the counsel for both
parties.
(iii) The transferee court shall ensure that all
the cases are posted on the same dates, as far as
possible.
(iv) It is made clear that except when
physical presence of respondent in court is necessary
he can appear through counsel.
THOMAS P. JOSEPH, JUDGE.
vsv