LAWS(KER)-2018-3-731

SHAMNAD Vs. SHEEBABEEVI

Decided On March 02, 2018
Shamnad Appellant
V/S
Sheebabeevi Respondents

JUDGEMENT

(1.) The prayer in this Transfer Petition (Civil) is as follows :

(2.) Heard Sri. S.S. Sreejith Nair, learned counsel appearing for the petitioner and Smt. M. Hemalatha, learned counsel appearing for the respondent.

(3.) The petitioner herein is the wife of the respondent herein. Matrimonial disputes between the parties have led to litigative proceedings between them. The petitioner-wife has filed Annexure-A1 O.P. No. 939 of 2014 before the Family Court, Nedumangad, seeking return of gold ornaments. Earlier the petitioner-wife had filed Annexure-A3 M.C. No. 315 of 2014 before the Family Court, Nedumangad, for maintenance. Later she had also filed Annexure-A4 C.M.P. No. 193 of 2015 in M.C. No. 315 of 2014 before the Family Court, Nedumangad. The petitioner-wife had also filed Annexure-A5 C.M.P. No. 473 of 2016 in M.C. No. 315 of 2014 before the Family Court, Nedumangad. The respondent-husband has filed Annexure-A7 O.P. No. 1402 of 2014 before the Family Court, Thiruvananthapuram, for a declaration that the plaint schedule property therein belongs to him and for incidental reliefs. It is this Annexure-A7 O.P. No. 1402 of 2014 now pending before the Family Court, Thiruvananthapuram, is sought to be transferred to the Family Court, Nedumangad, on the basis of the prayers in the Transfer Petition. The main contention of the of the petitioner-wife is that all the above matrimonial litigative proceedings are now pending before the Family Court, Nedumangad, and she is residing at Pallichal Village, Near Neyyattinkara in Thiruvananthapuram District. It is also stated that she finds it at extremely difficult to travel all the way from Neyyattinkara to attend to the Family Court proceedings in Annexure-A7 O.P., which is now pending before the Family Court, Thiruvananthapuram. It is on this basis that the prayer for transfer is made.