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Roobi M vs Ansar And Ors

High Court Of Kerala · Decided on 23 March 2021 · Citation: (2021) 03 KL CK 0265

HON’BLE JUDGES
T.V. Anilkumar, J
RESULT
Allowed
CASE NUMBER
Transfer Petition (C) No. 405 Of 2021
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Judgment

6 paragraphs · 334 words
1.

This transfer petition was filed by the petitioner, who is the petitioner in O.P.No.194 of 2018 pending on the file of Family court, Chavara. The petitioner/wife filed the original petition before the Family Court, Chavara, at a time when she was temporarily residing in a place called Puthiyakavu within the jurisdictional limits of Family Court, Chavara. Now she seeks transfer of the original petition from the Family Court, Chavara, to Family court, Mavelikkara, within whose jurisdiction she is stated to be permanently settled.

2.

The respondents are husband and his parents. According to the petitioner, she is not in a position to undertake a long journey from her permanent place of residence to Family Court, Chavara, for contesting the proceedings therein. She is taking care of her minor children and according to her, there is nobody also to accompany her to the court at Chavara.

3.

I heard the learned counsel for the respondents also.

4.

It is submitted on behalf of the respondents that parents of the first respondent are very age old and they are not in a position to travel to the proposed transferee court. After hearing the submissions made on behalf of parties on either side, I am of the opinion that the demand made by the petitioner for transfer of O.P.No.194 of 2018 pending on the file of Family court, Chavara, to Family Court, Mavelikkara, is lawful and reasonable.

In the result, the petition is allowed and O.P.No.194 of 2018 pending on the file of Family court, Chavara, is withdrawn and made over to Family Court, Mavelikkara. In the event the aged parents of the first respondent apply for exception from personal appearance before the transferee Family court, the same shall be leniently considered in accordance with law. The Family Court, Chavara, shall immediately transmit all records to Family Court, Mavelikkara, which, on receipt of the records, shall issue notice to parties directing their appearance before that court at an early date.

All pending interlocutory applications are closed.