High CourtsSingle Bench(2021) 01 KL CK 0318

Lissy Benny vs K.K. Benny

High Court Of Kerala · Decided on 13 January 2021

HON’BLE JUDGES
T.V. Anilkumar, J
RESULT
Allowed
CASE NUMBER
Transfer Petition (Civil) No. 378 Of 2019

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Judgment

10 paragraphs · 198 words
1.

The petitioner seeking transfer of M.O.P. No. 38/2019 pending before Family Court, Palakkad to Family court, Thrissur is the wife, who is the

respondent in M.O.P. No. 38/2019.

2.

The respondent herein is the husband who filed MOP for cancelling a settlement deed executed in favour of the wife.

3.

I heard the learned Counsel appearing on both sides. It has come out that both spouses are residing within the territorial jurisdiction limits of Family

Court, Thrissur. In that situation, there is no reason as to why the request made for transfer of O.P. from Family Court, Palakkad to Family Court,

Thrissur, should be disallowed. The respondent has not filed any counter taking any serious objection in the matter. The Counsel appearing for both

sides conceded there are two more litigations between parties pending before Family Court, Thrissur.

In the result, this petition is allowed ordering transfer of M.O.P. No. 38/2019 from Family Court, Palakkad to Family Court, Thrissur. The Family

Court, Palakkad, shall forward all the records to Family court, Thrissur, and on the receipt of the records, the transferee court shall issue notice to

parties, directing their appearance before that court within a reasonable time.