IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN MONDAY, THE 8TH DAY OF JULY 2013 17TH ASHADHA, 1935 Tr.P(C).No. 220 of 2013 () --------------------------- GOP 930/2013 of FAMILY COURT,ERNAKULAM PETITIONER:- ---------------- SAJNA.N.S, AGED 3 YEARS D/O.SWAMINADHAN, NOCHIPPARAMBU, PUITHANTHARA THIRUVAZHIYADU, AYILUR, PALAKKAD DISTRICT. BY ADVS.SRI.M.B.SANDEEP SMT.R.PRIYA SRI.V.VISAL AJAYAN RESPONDENT: ----------------- SAJIMON.K.R,, AGED 3 YEARS, S/O.LATE RAJAN.K.V, KALATHUMPURATHU HOUSE, THYKOODAM VYTTILA.P.O, KOCHI, PIN-682 019. R1 BY ADV. SRI.A.T.ANILKUMAR THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-07-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1 : TRUE COPY OF THE M.C. NO.93/2013 PENDING ON THE FILES OF JFMC, ALATHOOR , PALAKKAD DISTRICT. ANNEXURE A2 : TRUE COPY OF THE INTERIM ORDER IN M.P. NO. 3902/2013 IN M.C. NO. 93/2013. RESPONDENTS' ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE. rv P.N.RAVINDRAN, J.
--------------------------- Tr.P.(C)No.220 of 2013 ------------------------------- Dated this the 8th day of July, 2013 ORDER The petitioner is the wife of the respondent. The marriage between them was solemnized on 1.1.2006 at Nenmara in Palakkad District. Two children were also born in that wedlock. Later disputes and differences arose and they started residing separately. The petitioner has filed M.C.No.93 of 2013 before the Court of the Judicial Magistrate of First Class, Alathur under the provisions contained in the Protection of Women from Domestic Violence Act, 2005. The respondent has filed O.P.No.862 of 2013 under section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights as also G.O.P.No.930 of 2013 seeking custody of the minor children, before the Family Court, Ernakulam. In this transfer petition, the petitioner prays for transfer of G.O.P.No.930 of 2013 from Family Court, Ernakulam to Family Court, Palakkad.
2. Though the respondent has been served, he has not so far filed objections to the application for transfer. In such circumstances, accepting the uncontroverted averments in the petition for transfer, I allow the transfer petition and transfer G.O.P.No.930 of 2013 from Family Court, Ernakulam to Family Court, Palakkad. In view of the fact that O.P.No.862 of 2013 filed Tr.P.(C)No.220 o”
2. by the respondent herein under section 9 of the Hindu Marriage Act, 1955 is also pending in Family Court, Ernakulam, I deem it appropriate to transfer the said case as well to Family Court, Palakkad. I accordingly transfer O.P.No.862 of 2013 presently pending before Family Court, Ernakulam to Family Court, Palakkad. Sd/- P.N.RAVINDRAN JUDGE /true copy/ P.A. to Judge vpv