High CourtsSingle Bench(2021) 01 KL CK 0145

Anjana Sivanandan vs Vinu Krishnan

High Court Of Kerala · Decided on 5 January 2021

HON’BLE JUDGES
T.V. Anilkumar, J
RESULT
Allowed
CASE NUMBER
Transfer Petition (C) No. 472 Of 2020

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Judgment

7 paragraphs · 262 words
1.

Petitioner is the wife. She is the respondent in O.P.No.343 of 2020 pending before the Family Court, Ottappalam. It is said that the O.P was filed by the husband/respondent herein seeking to declare the marriage as null and void.

2.

Her contention is that she is residing at Vythiri in Kasargod about 130 kilometers away from the Family Court, Ottappalam and since she is not in a position to travel from such a long distance, she requests that the O.P.343 of 2020 be transferred to Family Court, Kalpetta to her convenience.

3.

She is unemployed. According to her, she is not in a position to meet the expenses for travel.

4.

Heard the learned counsel for the petitioner as well as the respondent.

5.

According to the learned counsel for the respondent, if the O.P is transferred to Family Court, Kozhikode, inconvenience which he will otherwise undergo could be comparatively mitigated.

6.

After hearing both sides, I am of opinion that the request made by the respondent cannot be entertained in view of the fact that the petitioner would only continue to be faced with the difficulties. Considering all the matters together, I am of opinion that O.P.No.343 of 2020 now pending before the Family Court, Ottappalam is liable to be transferred to Family Court, Kalpetta.

In the result, Tr.P.C is allowed. The Family Court, Ottappalam shall take steps for sending up records to Family Court, Kalpetta.On receipt of the records, the transferee Family Court will issue notices to parties to appear before that Court within a reasonable period of time.