SREELAKSHMI Vs. ANIL KUMAR

JUDGEMENT

(1.) The petitioner herein is the divorced wife of the respondent herein. The petitioner has filed O.P.No.854 of 2014 before the family Court, Thrissur, seeking return of money and gold ornaments, wherein the respondent herein was arrayed as respondent. The prayer in this transfer petition is as follows:

(2.) Heard Smt.K.P.Shibi, learned counsel appearing for the petitioner and Sri.Antony Mathew, learned counsel appearing for the respondent. Petitioner had filed O.P.No.854 of 2014 before the Family Court, Thrissur, seeking relief of return of money and gold ornaments. It is averred that on 06.10.2017 the petitioner had filed an application for amending the original petition and the court below had allowed the said application and the case is now posted for evidence to 13.09.2017. The petitioner has also filed O.P.No.885 of 2012 before the Family Court, Muvattupuzha seeking custody of the children. It is stated that petitioner is now staying at Nedumbassery, Ernakulam District and is also a student studying for degree at St.Theresas College, Ernakulam and that it would be more convenient for her to attend both the cases if O.P.No.854 of 2014 is transferred to the Family Court, Muvattupuzha, Ernakulam District. It is pointed out that the petitioner was earlier residing at Thrissur and it was at that time that she had instituted the above original petition at the Family Court, Thrissur, and that later she changed her residence to Nedumbassery, Ernakulam District. It is further stated that after her change of residence to Nedumbassery she finds it extremilly defficult to attend the Family Court, Thrissur.

(3.) The respondent has seriously objected to the grant of prayer in this original petition by cointending that the present plea is only for protracting the proceedings and that there is no bona fides on the part of the petitioner and that the respondent suspects that the petitioner is not residing in Nedumbassery as alleged by her in this original petition. The respondent has placed reliance on Annexures R2 acknowledgement card to contend that she is not residing at Nedumbassery. It is said that the acknowledgement card addressed to her in the Nedumbassrey address was returned with an endorsement, 'not known'. Petitioner has placed reliance on Annexures A3 to A8, to establish that she is actually residing at Nedumbassery. In particular, the petitioner has placed reliance on Annexure A4 residence certificate issued by the Nedumbassery Village Office which dated 25.10.2017, wherein it is stated the petitioner is residing at flat No.315, Dewhomes, Nedumabassery which is the address as shown in the present cause title. In the light of the aspects projected by the petitioner, this Court is satisfied about the correctness of the averment of the petitioner that she is now residing at Nedumbassery. Learned counsel appearing for the respondent raised serious apprehenstion that the petitioner might protract the proceedings unnecessarily.