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Thressiamma Joseph @ Felessa

High Court Of Kerala|09 October, 2014
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JUDGMENT / ORDER

This is a petition filed under Section 24 of the Code of Civil Procedure seeking to have O.P.No.2004/2012 pending before the Family Court, Thrissur transferred to Family Court, Pala where O.P.No.464/2013 is pending. 2. Suffice to say that the marital relationship between the petitioner and the 1st respondent ran into rough weather and litigations began. Both are working abroad. The petitioner initiated O.P.No.464/2013 before the Family Court, Pala for dissolution of marriage. The 1st respondent initiated O.P.No.2004/2012 before the Family Court, Thrissur.
3. The petitioner points out that it is necessary that both cases are tried by the same court. It is also pointed out that she finds it difficult to come over to Thrissur on every posting dates and since the petition for divorce is pending before the Family Court, Pala, it is only appropriate that the matter pending before
Tr.P.(C) No.543/2013 2
the Family Court, Thrissur is transferred to Family Court, Pala.
4. The petition is strongly opposed by the respondents. It is pointed out that the petitioner is not a permanent resident of Pala.
5. The fact remains that the Original Petition pending before the Family Court, Pala is initiated by the petitioner-wife for divorce. In the light of the said fact, it is only appropriate that the petition filed by the 1st respondent is also tried along with the petition filed by the petitioner and dispose of the matters by the same court in order to avoid conflict of decisions.
In the result, this petition is allowed. O.P.No.2004/2012 pending before the Family Court, Thrissur shall stand transferred to Family Court, Pala.
Sd/-
P.BHAVADASAN JUDGE smp // True Copy // P.A. to Judge.
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Title

Thressiamma Joseph @ Felessa

Court

High Court Of Kerala

JudgmentDate
09 October, 2014
Judges
  • P Bhavadasan
Advocates
  • Sri Rajeev V Kurup