High CourtsSingle Bench(2014) 02 KL CK 0208

V. Sumesh vs Soumya C.

High Court Of Kerala · Decided on 17 February 2014

HON’BLE JUDGES
V. Chitambaresh, J
RESULT
Allowed
CASE NUMBER
Tr. P(C). No. 26 of 2014

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Judgment

6 paragraphs · 172 words

V. Chitambaresh, J.—The wife has filed O.P. No. 324/2013 on the file of the Family Court, Kasaragod for divorce. The husband has filed O.P. No. 507/2013 on the file of the Family Court, Thalassery for restitution of conjugal rights.

2.

The husband asserts that both the cases have to be tried jointly by one and the same family court. This is because the issues are intertwined and the nature of evidence is common.

3.

The husband expects a reunion if the case is transferred from Kasaragod to Thalassery. The husband also apprehends physical manhandling if he appears before the Family Court, Kasaragod.

4.

The wife who is the respondent has not entered appearance in this Transfer Petition even though served with notice. This means that the grounds urged by the petitioner for transfer are not being opposed by the wife.

5.

The Family Court, Kasaragod to the Family Court, Thalassery. The transferee court shall issue notice to the parties and take the proceedings to a logical end.

The Transfer Petition is allowed.