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Judgment
5 paragraphs · 264 wordsA. Muhammad Mustaque, J.—This petition is filed u/s 24 of the CPC seeking transfer of O.P. (Restitution) No. 14 of 2013 on the file of the Family Court, Thiruvalla to the Family Court, Kottayam at Ettumanoor.
Heard the learned counsel for the petitioner. Even though service is complete, none appears for the respondent.
O.P.(Restitution) No. 14 of 2013 is filed by the respondent-husband before the Family Court, Thiruvalla for restitution for conjugal rights. The petitioner submits that she has filed O.P.(Divorce) No. 729 of 2013 before the Family Court, Kottayam at Ettumanoor and also filed M.C. No. 155 of 2013 for maintenance against the respondent before the same court. The petitioner further submits that she has also filed O.P. No. 1565 of 2012 for return of gold ornaments. All the above cases are pending before the Family Court, Kottayam at Ettumanoor.
In view of the fact that O.P.(Divorce) No. 729 of 2013 is pending before the Family Court, Kottayam at Ettumannor, it would be proper to transfer O.P.(Restitution) No. 14 of 2013 filed by the respondent for restitution of conjugal rights to the Family Court, Kottayam at Ettumanoor. Taking note of the fact that the other two petitions are pending before the Family Court, Kottayam at Ettumanoor, this Court finds that this is a fit case, in which the transfer petition can be allowed.
In the result, this transfer petition is allowed. O.P. (Restitution) No. 14 of 2013 on the file of the Family Court, Thiruvalla is withdrawn from the said court and transferred to the Family Court, Kottayam at Ettumanoor.