IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN TUESDAY, THE 30TH DAY OF JULY 2013 8TH SRAVANA, 1935 Tr.P(C).No. 263 of 2013 --------------------------- OP(G&W) 254/2013 of FAMILY COURT, THODUPUZHA PETITIONER: BINDHU K S, AGED 3 YEARS D/O.SREEDHARAN, RESIDING AT VAKKIYATHARAYIL HOUSE VADAYAR P.O., VADAYAR VILLAGE, VAIKOM THALUK KOTTAYAM DISTRICT. BY ADV. SMT.TISSY ROSE K CHERIYAN RESPONDENT: SANTHOSH V K, AGED 4 YEARS S/O.KUMARAN, VADUTHALAYIL HOUSE, THATTAKKUZHA KARA THATTAKKUZHA P.O., UDUMBANOOR VILLAGE THODUPUZHA THALUK, IDUKKI DISTRICT, PIN 685584. R1 BY ADV. SMT.MIJI JOHN THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-07-2013 ALONG WITH T.P.(C)NO.264/2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: TPC 263/201003 PETITIONER'S ANNEXURES: ANNEXURE A: TRUE PHOTOCOPY OF THE PETITION OF O.P.(MONEY)NO. 1574 OF 201.BEFORE THE FAMILY COURT, KOTTAYAM. ANNEXURE B: TRUE PHOTOCOPY FO THE PETITION O.P.(H.M.A.) NO.1575/2012 BEFORE THE FAMILY COURT, KOTTAYAM. ANNEXURE-C: TRUE PHOTOCOPY OF THE PETITION OF M.C.NO.276 OF 201.BEFORE THE FAMILY COURT, KOTTAYAM. ANNEXURE D: TRUE PHOTOCOPY OF THE PETITION OF O.P.(g&w) 254/2013 BEFORE THE FMAILY COURT, THODUPUZHA & ITS SUMMONS. ANNEXURE E: TRUE COPUY OF THE MEDICAL REPORTS. Ks TRUE COPY P.S. TO JUDGE P.N.RAVINDRAN, J.
----------------------------------------- Tr.P.(C).Nos.263 and 264 of 2013 ----------------------------------------- Dated this the 30th day of July, 2013 JUDGMENT The petitioner is the wife of the respondent. The marriage between them was solemnized on 14.11.1999. Two children were also born in the wedlock. Later disputes and differences arose and they are now residing separately. The petitioner has filed O.P.No.1574 of 2012 before the Family Court, Kottayam at Ettumanoor against the respondent and his parents for return of money and the value of gold ornaments. She has also filed O.P. (HMA)No.1575 of 2012 before the Family Court Kottayam at Ettumanoor for a decree for divorce dissolving the marriage between her and the respondent. She has also filed M.C.No.276 of 2012 before the Family Court, Kottayam at Ettumanoor under section 125 of the Code of Criminal Procedure, 1973 seeking maintenance for herself and her minor children. The respondent has filed O.P.(G & W)No.254 of 2013 before the Family Court, Thodupuzha for appointing him as the guardian of the minor Tr.P(C)No.263 & 264/2013 -:2:- children and seeking their custody. The respondent has also filed O.P.(Restitution)No.253 of 2013 before the Family Court, Thodupuzha under section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights. In these transfer petitions the petitioner prays for transfer of O.P.No.1644 of 2013 and O.P. (Restitution)No.253 of 2013 from Family Court, Thodupuzha to Family Court, Kottayam at Ettumanoor.
2. I heard Smt.Tissy Rose K.Cherian, learned counsel appearing for th petitioner and Smt.Miji John, learned counsel appearing for the respondent. The petitioner is admittedly residing at Vadayar in Vaikom Taluk in Kottayam District. Such being the situation as the marriage took place at Vadayar in Vaikom Taluk in Kottayam District and the petitioner is residing with her minor children at Vadayar in Kottayam District within the local limits of the territorial jurisdiction of the Family Court, Kottayam at Ettumanoor, I deem it appropriate to transfer O.P.(G & W)No.254 of 2013 and O.P.(Restitution)No.253 of 2013 now pending before the Family Court, Thodupuzha to Family Court, Kottayam at Ettumanoor. I accordingly allow the transfer petitions and transfer O.P.(G Tr.P(C)No.263 & 264/2013 -:3:- & W)No.254 of 2013 and O.P.(Restitution)No.253 of 2013 from Family Court, Thodupuzha to Family Court, Kottayam at Ettumanoor for trial and disposal. The parties shall appear before the Family Court, Kottayam at Ettumanoor through counsel on 26.8.2013. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J.
--------------------------- Tr.P.(C).Nos.263 and 264 of 2013 ---------------------------- JUDGMENT 30 h July, 2013