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K.P.Anitha

High Court Of Kerala|30 May, 2014
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JUDGMENT / ORDER

The husband had filed O.P.No. 716/2013 on the file of the Family Court, Malappuram for divorce. The same has been renumbered as O.P.No. 667/2013 on the file of the Family Court, Tirur. The wife has filed O.P.No. 275/2013 on the file of the Family Court, Thrissur. The wife seeks transfer of O.P.No. 667/2013 from the Family Court, Tirur to the Family Court, Thrissur. 2. The husband alleges that his wife has eloped with her sister's husband. This of course is emphatically denied by the wife. The fact remains that the two children born in the wedlock are looked after by the husband.
3. The husband ekes out his livelihood as an autorikshaw driver at Malappuram. It will be inconvenient for him to travel all the way to Thrissur for the conduct of the case. This is especially so since he has to look after the two minor children now studying. The wife claims to be working in a stitching center at Tr.(.(C). No. 442/2013 2 Thrissur.
4. I am not inclined to transfer O.P.No. 667/2013 from the Family Court, Tirur to the Family Court, Thrissur. The husband can of course apply for transfer of O.P.No. 275/2013 from the Family Court, Thrissur to the Family Court, Tirur. The wife can also apply for exemption from personal appearance in the Family Court, Tirur. I make it clear that I have not pronounced anything on the merits including jurisdiction of the respective courts.
The transfer petition is dismissed subject to the above clarification.
Sd/-
V. CHITAMBARESH JUDGE sd // True Copy // P.A. To Judge
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Title

K.P.Anitha

Court

High Court Of Kerala

JudgmentDate
30 May, 2014
Judges
  • V Chitambaresh
Advocates
  • Sri
  • G Sreekumar