Jincy N Paul @ Jincy Kevin v. Kevin Michael

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 7TH DAY OF JULY 2015/16TH ASHADHA, 1937 Tr.P(C).No. 497 of 2012 () --------------------------- (TO TRANSFER OP.NO. 616/2012 OF FAMILY COURT, KANNUR TO THE FAMILY COURT, KALPETTA) ------------ PETITIONER :

--------------------- JINCY N. PAUL @ JINCY KEVIN, D/O. PAULOSE, AGED 28 YEARS, NEELANGAL HOUSE, MAKUTTY, SULTHAN BATHERY, WAYANAD DISTRICT.

BY ADV. SRI.MATHEW KURIAKOSE RESPONDENT :

------------------------- KEVIN MICHAEL, S/O. MICHAEL FERNANDEZ,AGED 34 YEARS, DEON'S LITTLE HUT, JAYANTHI ROAD, CHALAD, PALLIKUNNU AMSOM, KANNUR DISTRICT-670 004.

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts

Tr.P(C).No. 497 of 2012 APPENDIX PETITIONER'S ANNEXURES:

ANNEX A1 COPY OF THE O.P.NO.616/2012 OF THE FAMILY COURT, KANNUR ANNEX A2 COPY OF THE M.C.NO.66/2012 OF THE FAMILY COURT, KALPETTA RESPONDENT'S ANNEXURES:

NIL /TRUE COPY/ P.A.TO JUDGE sts

B. KEMAL PASHA, J.

................................................................ Tr.P.(C) No.497 of 2012 ............................................................... Dated this the 7th day of July, 2015

O R D E R

Petitioner is seeking the transfer of OP 616/2012 on the file of the Family Court, Kannur to the Family Court, Wayanad at Kalpetta. Petitioner is the wife and respondent is the husband. The said OP was filed by the husband seeking divorce. The petitioner along with her minor son is residing at her parental house near Sulthan Bathery in Wayanad District. She has filed MC 66/2012 before the Family Court, Wayanad at Kalpetta seeking maintenance from the husband. She finds it very difficult to travel all the way from Sulthan Bathery to Kannur to defend OP 616/2012.

Tr.P.(C) 497 of 2012 -: 2 :- 2.

Even though notice has been served on the respondent, there is no representation. Heard learned counsel for the petitioner.

3.

On hearing the learned counsel for the petitioner and on going through the facts and circumstances of the case, this Court is satisfied that it is just and convenient in the interest of justice to transfer O.P.No.616 of 2012 of the Family Court, Kannur to the Family Court, Kalpetta. In the result, this Transfer Petition is allowed and O.P.No.616 of 2012 of the Family Court, Kannur is transferred to the Family Court, Wayanad at Kalpetta. Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge