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Simi Ismail

High Court Of Kerala|13 October, 2014
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JUDGMENT / ORDER

This is a petition filed under Section 24 of C.P.C. seeking transfer of O.P. (Guardian and Wards) No. 262/2014 pending before the Family Court, Kollam to the Family Court, Alappuzha.
2. The marital relationship between the petitioner and the respondent ran into rough weather which gave rise to the litigation.
3. It is pointed out that the petitioner has filed O.P. (DA)No.4/2014 before the Family Court, Alappuzha. It is also pointed out that another petition was also filed before the Judicial First Class Magistrate, Cherthala under Section 12 of the Protection of Women from Domestic Violence Act. She happened to receive notice on O.P.(Guardian and Wards) No. 262/2014 which has been instituted by the respondent before the Family Court, Kollam.
Tr.P.(C) No. 166 of 2014 -2-
4. The petitioner points out that she finds it difficult to travel to Kollam to attend the routine posting of the case. Since two other cases are pending before the court in Alappuzha District, it is pointed out that in the interest of both the parties, all the matters be heard and disposed of in the same court. Therefore she seeks transfer.
5. The learned counsel appearing for the respondent pointed out that the mere convenience of the petitioner is not a ground for transfer. The petitioner pointed out that there are other cases already pending before the Court in Alappuzha District regarding the matrimonial dispute between the parties. She also pointed out the difficulties and inconvenience to go out to Kollam.
6. After having given anxious consideration to various aspects, it is felt that it is only in the interest of both parties, all the matters can be heard and disposed of in the same court.
Tr.P.(C) No. 166 of 2014 -3-
In the result, this petition is allowed and O.P. (Guardian and Wards) No. 262/2014 pending before the Family Court, Kollam shall stand transferred to the Family Court, Alappuzha.
Sd/-
P.BHAVADASAN JUDGE ds
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Title

Simi Ismail

Court

High Court Of Kerala

JudgmentDate
13 October, 2014
Judges
  • P Bhavadasan
Advocates
  • S Sanal Kumar
  • Smt Bhavana Velayudhan
  • Smt