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Divya.S.J

High Court Of Kerala|26 November, 2014
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JUDGMENT / ORDER

These petitions are filed under Section 24 of C.P.C. seeking to have O.P.No. 166 of 2014 and O.P.No. 167 of 2014 pending before the Family Court, Muvattupuzha transferred to the Family Court, Kottarakkara.
2. Suffice to say that the marital relationship between the petitioner and the respondent ran into rough weather and litigations began. They have a male child in that wedlock. It is pointed out that the petitioner is currently residing at Kottarakkara, which is far away from the Family Court, Muvattupuzha and she finds it difficult to go over to Muvattupuzha to attend the routine postings of the case. She also points out that she has a child to take care of and she is not financially sound to meet the expenses. Further complaint is that she has nobody to accompany her and that would cause difficulties for her to attend the case regularly. She therefore seeks transfer to the Family Court, Tr.P.(C) No. 262 & 263 of 2014 -2-
Kottarakkara.
3. The learned counsel appearing for the respondent points out that the respondent is working at Idukki and if the case is transferred to Kottarakkara, it will cause surmountable difficulties to the respondent.
4. After having heard the learned counsel on both sides and after having perused the records and after having assessed the comparative hardship and inconvenience, it is felt that position of the petitioner is more precarious than that of the respondent. Therefore, in the interest of justice, these petitions are allowed and O.P.No. 166 of 2014 and O.P.No. 167 of 2014 pending before the Family Court, Muvattupuzha shall stand transferred to the Family Court, Kottarakkara.
Parties shall appear before the Family Court, Kottarakkara on 19.12.2014.
sd/- P.BHAVADASAN JUDGE ds
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Title

Divya.S.J

Court

High Court Of Kerala

JudgmentDate
26 November, 2014
Judges
  • P Bhavadasan
Advocates
  • T H Abdul Azeez
  • Sri