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Nubla

High Court Of Kerala|11 December, 2014
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JUDGMENT / ORDER

Harilal, J.
The appellant in Transfer Appeal (C). No.10/14 is the petitioner in Transfer Petition (C) No.277/14 as well as the respondent in O.P. Nos.33/14 and 251/14 on the files of the Family Court, Alappuzha. According to the appellant, it is virtually impossible for her to travel all the way from Kozhikode to Alappuzha for the conduct of the case. Her minor child is aged 1½ years only. Hence she filed the above Transfer petition seeking an order transferring the above original petitions from the Family Court, Alappuzha to the Family Court, Kozhikode. The respondent in the appeal resisted the said application contending that he is ailing from 'hemophilia'. So he is unable to travel such a long distance to Kozhikode. After considering the rival contentions, the learned Single Judge of this Court transferred O.P.Nos.33/14 and 251/14 to the Family Court, Thrissur, being a place convenient for both parties. This order is challenged in this Transfer Appeal.
2. The learned counsel for the appellant advanced arguments substantiating the grievance of the appellant as a lady having a minor child aged only 1½ years. According to him, the learned single Judge ought to have transferred the cases to Kozhikode instead of transferring to Thrissur.
3. Per contra, the learned counsel for the respondent contended that the respondent is aged 35 years and he is suffering from 'hemophilia'. So, he is unable to travel a long distance to Kozhikode.
4. Going by the impugned order, apparently, it could be seen that the learned single Judge of this Court balanced the grievances of both parties in accordance with equity and convenience. Considering the long distance between Kozhikode and Alappuzha and also the difficulties of both parties for travelling from one end to another end, the learned single Judge fixed the place of litigation at Thrissur. We are of the opinion that the decision taken by the learned single Judge of this Court is just and proper, and we do not find any reason to interfere with the said decision considering the grievance of both parties. Hence Transfer Appeal No.10/14 will stand dismissed.
5. In Transfer Petition No.403/14, the petitioner is the husband of the appellant in Transfer Appeal No.10/14. He is the respondent in O.P.No.426/14 filed by the respondent in the above Transfer O.P., for return of gold ornaments or its equivalent market price, before the Family Court, Kozhikode. The grievance projected in this Transfer Petition and the objections raised in the Transfer Appeal are one and the same. We have already considered the balance of convenience of both parties and confirmed the order passed by the learned single Judge of this Court transferring O.P. No.33/14 and 251/14 from the Family Court, Alappuzha to the Family Court, Thrissur.
6. Consequently, we find that O.P. No.426/14 on the files of the Family Court, Kozhikode, also can be transferred to the very same court for the convenience of both parties. Thus, O.P. Nos.33/14 and 251/14 on the files of the Family Court, Alappuzha and O.P. No.426/14 on the files of the Family Court, Kozhikode, will stand transferred to the Family Court, Thrissur. It is made clear that the parties are at liberty to seek exemption from day-today appearance for sufficient reasons.
In the result, Transfer Appeal (C) No.10/14 will stand dismissed and Transfer Petition (C) No.403/14 will stand allowed.
Sd/-
(V.K.MOHANAN, JUDGE)
okb.
Sd/-
(K.HARILAL, JUDGE)
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Title

Nubla

Court

High Court Of Kerala

JudgmentDate
11 December, 2014
Judges
  • V K Mohanan
  • K Harilal
Advocates
  • Sri Nirmal
  • Hari