High CourtsSingle Bench

Smruthy K.V And Anr vs Praveen

High Court Of Kerala · Decided on 7 December 2020 · Citation: (2020) 12 KL CK 0109

HON’BLE JUDGES
Shircy V., J
RESULT
Allowed
CASE NUMBER
Transfer Petition (Civil) No. 422 Of 2020
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Judgment

14 paragraphs · 288 words
1.

This petition is filed by the respondents in O.P. No. 701 of 2020 and O.P. No. 318 of 2020 on the file of the Family Court, Kozhikode seeking

transfer of the said cases to Family Court, Irinjalakuda.

2.

The 1st petitioner is the wife of the respondent herein. The 2nd petitioner is the minor child born in the wedlock of the 1st petitioner and the

respondent. O.P. No. 701 of 2020 was filed by the respondent herein before the Family Court, Kozhikode for custody of the minor child. O.P. No. 318

of 2020 was filed by the respondent for restitution of conjugal rights. The 1st petitioner herein has also filed M.C. No. 32 of 2020 before the Family

Court, Irinjalakuda seeking maintenance.

3.

It is submitted by the learned counsel for the petitioners that, the petitioners are residing in Thrissur District. Now they have to undertake a long

journey to contest the case as the Family Court, Kozhikode is situated more than 100 Kms away from the place of their residence.

Such being the case, it will be extremely difficult and financially not feasible for them to attend the court proceedings before the Family Court,

Kozhikode.

2.

The learned counsel for the respondent has submitted that the respondent has no objection in considering the request of the petitioner favourably.

4.

Therefore, this petition is allowed and O.P. Nos.701 of 2020 and 318 of 2020 pending before the Family Court, Kozhikode are withdrawn and

transferred to the Family Court, Irinjalakuda. The learned Judge, Family Court, Kozhikode shall transmit the records of O.P. Nos. 701 of 2020 and 318

of 2020 to the Family Court, Irinjalakuda after fixing a date for appearance of the parties before the transferee court.