Praveen George vs Anu Thomas

A. Badharudeen, J

This Original Petition has been filed by the petitioner, who is the husband of the respondent herein, to transfer O.P.No.684/2021 pending before the

Family Court, Malappuram to Family Court, Thalassery.

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

The learned counsel for the petitioner argued that initially the respondent herein filed O.P.No.989/2019 before the Family Court, Thalassery and in

this case, evidence almost completed. Thereafter, the respondent herein filed O.P.No.684/2021 seeking divorce before the Family Court, Malappuram

to put the petitioner herein in trouble. It is submitted that O.P.No.684/2021 which is pending before the Family Court, Malappuram is liable to be

transferred to Family Court, Thalassery, in view of pendency of O.P.No.989/2019 before the Family Court, Thalassery.

Per contra, the learned counsel for the respondent submitted that initially the respondent filed O.P.No.989/2019 before the Family Court, Thalassery

at the time when the respondent had been working at KIMS Hospital, Kannur. Before that the petitioner herein filed O.P. No.729/2019 for restitution

of conjugal rights and the same was subsequently dismissed as not pressed. It is submitted further that though trial completed in O.P. No.989/2019, as

of now, the respondent resigned from her job at KIMS Hospital, Kannur and, therefore, there is no reason for the respondent to stay at Kannur.

Therefore, she filed O.P.No.684/2021 before the Family Court, Malappuram, where she has been residing permanently and at present. In order to

prove that the respondent lost her job, Annexure-R1(a) resignation letter has been placed.

Having appraised the rival arguments, it has to be held that though initially the respondent herein filed O.P.No.989/2019, at the time when

she had been working at KIMS Hospital, Kannur, since she resigned from the job and has been residing permanently within the limit of Family Court,

Malappuram, she had filed O.P. No.684/2021 for divorce. In fact, the reliefs sought for in both petitions are different. Having reference to the facts of

the case as discussed, I am not inclined to consider the prayer for transfer at the instance of the petitioner, the husband herein, to transfer

O.P.No.684/2021 pending before the Family Court, Malappuram to Family Court, Thalassery.

Therefore, this Original Petition deserves no merits and is accordingly dismissed.