V. Sooriyalakshmi vs. M. Sivathanu

\224ITEM NO.44 COURT NO.3 SECTION XVIA

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

TRANSFER PETITION (CIVIL.) NO(s). 1102 OF 2010

V.SOORIYALAKSHMI Petitioner(s)

VERSUS

M.SIVATHANU Respondent(s)

(With appln(s) for stay and office report)

Date: 18/02/2011 This Petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE R.V. RAVEENDRAN HON'BLE MR. JUSTICE A.K. PATNAIK

For Petitioner(s) Mr. B. Ragunath, Adv. Mr. Vijay Kumar,Adv.

For Respondent(s)

UPON hearing counsel the Court made the following O R D E R

Transfer Petition is allowed in terms of the signed order and the petition O.P. No.625 OF 2009 titled as "M. Sivathanu vs. V. Sooriyalakshmi" pending before the Family Court at Thiruvananthapuram, Kerala is ordered to be transferred to the Court of the Sub-ordinate Judge, Nagercoil, Tamilnadu for being tried with HMOP NO.63/2010 filed by the petitioner.

( Ravi P. Verma ) ( M.S. Negi ) Court Master Court Master [Signed order is placed on the file] IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (CIVIL.) NO.1102 OF 2010

V.SOORIYALAKSHMI ...Petitioner

VERSUS

M.SIVATHANU ...Respondent

O R D E R

	This petition is filed by the wife seeking transfer of
	petition filed under Section 12 of Hindu Marriage Act, 1955 by
the	respondent-husband,	from	the	Family	Court,
	Thiruvananthapuram, Kerala to the competent Court at Nagercoil,
Tamil Nadu.
2.	Respondent, though served, has not entered appearance.
The	petitioner<br>alleges<br>that	she<br>is	residing	with	her	aged
	father at Nagercoil, Kerala; that her father is not keeping
	good health and it is difficult for her to leave him alone;
	that she is an illiterate and is not in a position to travel
alone	to<br>Thiruvananthapuram	to<br>defend	the	case;	that	her
	petition for restitution of conjugal rights is pending in the

Court of the Sub-ordinate Judge, Nagercoil; and that the respondent is not residing in India and no prejudice will be caused to the respondent if the case is transferred to Nagercoil. These allegations are not controverted. On the facts and circumstances, we consider this a fit case for transfer. 3. Accordingly, the Transfer Petition is allowed and the petition O.P. No.625 OF 2009 titled as "M. Sivathanu vs. V. Sooriyalakshmi" pending before the Family Court at Thiruvananthapuram, Kerala is ordered to be transferred to the Court of the Sub-ordinate Judge, Nagercoil, Tamilnadu for being tried with HMOP NO.63/2010 filed by the petitioner.

...................J. [ R.V. RAVEENDRAN ] NEW DELHI ...................J. FEBRUARY 18, 2011 [ A.K. PATNAIK ]