FARHA HABEEBULLAH Vs. SAMEER S

JUDGEMENT

(1.) Tr.P.(C) No. 231 of 2020 is filed by the petitioner in O.P. No. 36 of 2019 on the file of the Family Court, Alappuzha seeking transfer of the said O.P. to Family Court, Tirur.

(2.) The petitioner is the wife of the 1st respondent herein. O.P. No. 36 of 2019 is filed by the petitioner herein for realization of money from her husband, the 1st respondent, and his parents, the respondents 2 and 3. It is submitted by the learned counsel for the petitioner that due to the marital discord between the parties, the petitioner and the 1 st respondent are residing separate. Right now she is residing at Tirur along with her parents. As the respondents have contended that she is not residing at Tirur, along with the reply affidavit, she has produced Annexures A10 to A15 to prove her case that she is residing at Tirur and she has no residence at Ernakulam. In fact her father was a native of Ernakulam District and after her marriage with the 1 st respondent, he shifted from Ernakulam to Tirur. Her further case is that since she is unable to travel to Alappuzha all alone from Tirur, she was compelled to file this petition seeking transfer of the case from Family Court, Alappuzha to Family Court, Tirur. It is pertinent to note that Annexure A14 is the copy of the Adhar Card which shows that she is residing at Tirur. So also the NPR would show that she along with her parents are residing at Tirur.

(3.) Tr.P.(C) No. 276 of 2020 is filed by the husband seeking transfer of O.P. No. 254 of 2019 from Family Court, Tirur to Family Court, Ernakulam or Alappuzha. Tr.P.(C) No. 277 of 2020 is filed by the husband for transfer of M.C. No. 130 of 2019 from Family Court, Tirur to Family Court, Ernakulam or Alappuzha. Tr.P. (C) No. 281 of 2020 is filed by the respondent husband seeking transfer of O.P.No. 255 of 2019 from Family Court, Tirur to Family Court Ernakulam or Alappuzha. These transfer petitions are filed contending that he is residing at Alappuzha and practicing as a trainee in a Homeo clinic at Alappuzha and the frequent travelling to Tirur to contest the cases would adversely affect his profession as a Doctor. So, he prays for transfer of the above cases from Family Court, Tirur to Family Court, Ernakulam or Alappuzha.