Jeevanmol K.Issac v. Prince Varghese

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 20TH DAY OF JULY 2015/29TH ASHADHA, 1937 Tr.P(C).No. 306 of 2013 () -------------------------- TRANSFER O.P. NO. 615/2013 OF FAMILY COURT, THIRUVALLA TO FAMILY COURT, ALAPPUZHA.

.......

PETITIONER/RESPONDENT:

---------------------------------------- JEEVANMOL K.ISSAC, AGED 26 YEARS, D/O.K.L. ISSAC, KOTTAPPALLY HOUSE, ARTHUNKAL P.O., ARTHUNKAL VILLAGE, CHERTHALA TALUK, ALAPPUZHA.

BY ADVS.SRI.S.SANAL KUMAR, SMT.BHAVANA VELAYUDHAN, SMT.T.J.SEEMA, SRI.P.V.THOMAS (PUNNASSERRY).

RESPONDENT/PETITIONER:

----------------------------------------- PRINCE VARGHESE, AGED 32 YEARS, S/O.V.A. VARGHESE, VELLANA OLIKKAL HOUSE, VENNIKULAM P.O., PURAMATTAM VILLAGE, MALLAPPALLY TALUK, PATHANAMTHITTA-689 544.

BY ADV. SRI.MVS.NAMBOOTHIRY.

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

Tr.P(C).No. 306 of 2013 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A1 COPY OF THE PETITION AS O.P. NO.615/2013 OF FAMILY COURT, THIRUVALLA.

RESPONDENT'S ANNEXURES:- NIL.

//TRUE COPY// P.S. TO JUDGE rs.

B.KEMAL PASHA, J.

==================== Tr.P.(C)No.306 of 2013 ===================== Dated this the 20th day of July, 2015

O R D E R

Petitioner wife seeks for the transfer of O.P.No.615 of 2013 of the Family Court, Thiruvalla to the Family Court, Alappuzha. The said O.P. was filed by the respondent husband seeking restitution of conjugal rights.

2. The petitioner with her small child is residing within the jurisdiction of the Family Court, Alappuzha. A detailed counter affidavit has been filed by the respondent contending that the petitioner had voluntarily went away from his house, and that he had never treated the petitioner and the child with cruelty. It is also contended that there is no valid ground to seek for a transfer of the case.

3. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

4. On hearing the learned counsel on both sides and

Tr.P.(C)No.306 of 2013 considering the facts and circumstances of the case, this Court is satisfied that it is just and convenient in the interest of justice to effect the transfer as prayed for. In the result, this Transfer Petition (Civil) is allowed and O.P.No.615 of 2013 of the Family Court, Thiruvalla is transferred to the Family Court, Alappuzha.

Sd/- B.KEMAL PASHA JUDGE DSV/20/7/15