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Saupriya Venugopal

High Court Of Kerala|09 October, 2014
|

JUDGMENT / ORDER

This is a petition filed under Section 24 of the Code of Civil Procedure seeking to have O.P.No.566/2013 pending before the Family Court, Thiruvananthapuram transferred to Family Court, Irinjalakkuda. 2. The marital relationship between the petitioner and the respondent became bitter and litigations began. Apart from filing a complaint alleging offence under Section 498A of Indian Penal Code, the petitioner initiated M.C proceedings before the Family Court, Irinjalakkuda. Not satisfied with the above petitions, she also filed O.P.No.416/2013 before the Family Court, Irinjalakkuda for return of gold ornaments and realization of money. The respondent, on the other hand, instituted O.P.No.566/2013 before the Family Court, Thiruvananthapuram.
3. The petitioner points out that it is difficult for her to travel to Thiruvananthapuram on every posting dates of the case
Tr.P.(C) No.310/2013 2
and in the light of the fact that several litigations are pending before the Family Court, Irinjalakkuda, it is only appropriate that the matter pending before the Family Court, Thiruvananthapuram is transferred to Family Court, Irinjalakkuda.
4. Though the respondent takes objection to the plea for transfer pointing out that no prejudice will be caused to the petitioner by having the matter heard at Family Court, Thiruvananthapuram, the fact remains that proceedings are pending before the Family Court, Irinjalakkuda. Therefore, it is only appropriate that all the matters are tried by the same court to avoid conflict of decisions.
5. Taking note of the above facts, it is only appropriate that the matter pending before the Family Court, Thiruvananthapuram is transferred to Family Court, Irinjalakkuda.
In the result, the petition is allowed. O.P.No.566/2013 pending before the Family Court, Thiruvananthapuram shall stand transferred to Family Court, Irinjalakkuda.
Sd/-
smp P.BHAVADASAN JUDGE
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Title

Saupriya Venugopal

Court

High Court Of Kerala

JudgmentDate
09 October, 2014
Judges
  • P Bhavadasan
Advocates
  • P Santhosh