IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN FRIDAY,THE 16TH DAY OF AUGUST 2013 25TH SRAVANA, 1935 Tr.P(C).No. 195 of 2013 () ------------------------------------- OA 549/2012 of FAMILY COURT,KOZHIKODE. .... PETITIONER(S)/RESPONDENT: --------------------------------------------- BLESSY SCARIA, D/O. SCARIA, 27 YEARS, VALAVANAL HOUSE KOTTATHARA P.O., VIA KALPETTA, WAYANAD DISTRICT. BY ADV. SMT.CELINE JOSEPH RESPONDENT/PETITIONER: ----------------------------------------- SUBHASH JOSEPH, AGED 3 YEARS S/O. JOSEPH, GANAPATHI PLACKAL HOUSE, KUPPAYAKODE P.O. VIA KODANCHERY, KOZHIKODE TALUK, KOZHIKODE-673580. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-08-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss TPC. NO.195/2013 APPENDIX PETITIONER'S ANNEXURES A1:- COPY OF THE PETITION OA.549/12 BEFORE THE FAMILY COURT, KOZHIKODE. A2:- COPY OF THE COUNTER STATEMENT IN OA. 549/2012 FILED EFORE THE FAMILY COURT, KOZHIKODE. RESPONDENTS ANNEXURES NIL TRUE COPY P.A. TO JUDGE tss P.N.RAVINDRAN, J.
----------------------------------------- Tr.P.(C).No.195 of 2013 ----------------------------------------- Dated this the 16th day of August, 2013 ORDER
The petitioner is the wife of the respondent. The marriage between them was solemnized on 5.9.2009. Later disputes and differences arose and they are now residing separately. The respondent has filed O.A.No.549 of 2012 before the Family Court, Kozhikode for a decree of divorce dissolving his marriage with the petitioner. The petitioner has filed M.C.No.93 of 2012 in the Court of the Chief Judicial Magistrate, Kalpetta under the provisions of Protection of Women from Domestic Violence Act, 2005 seeking protection orders and the said case is pending. In this transfer petition the petitioner prays for transfer of O.A.No.547 of 2012 from Family Court, Kozhikode to Family Court, Wayanad.
2. The petitioner has averred that she is residing with her aged and ailing parents at Kottathara in Wayanad District, that she will have to travel more than 90 Kms. from Kottathara to Kozhikode, that the respondent is not paying any amount towards maintenance to her and in such circumstances unless O.A.No.547 Tr.P(C)No.195/2013 -:2:- of 2012 is transferred from Family Court, Kozhikode to Wayanad she will be put to serious inconvenience. Though the respondent has been served he has not entered appearance and filed objections. In such circumstances, accepting the uncontroverted averments in the transfer petition, I allow the transfer petition and transfer O.A.No.547 of 2012 from Family Court, Kozhikode to Family Court, Wayanad for trial and disposal. The petitioner shall appear before the Family Court, Wayanad through counsel on 2.9.2013. The Family Court, Wayanad shall issue notice to the respondent before proceeding with the case. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J.
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16th August, 2013