Sarala Catherine Mundassery v. Jose Mundassery

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 16TH DAY OF OCTOBER 2015/24TH ASWINA, 1937 Tr.P(C).No. 11 of 2015 ----------------------------- OP 593/2013 OF FAMILY COURT,THRISSUR DATED 17-04-2013 ---------------------- PETITIONER(S)/PETITIONER:-:

---------------------------------------- SARALA CATHERINE MUNDASSERY, AGED 73 YEARS, D/O.LATE P.M.VARGHESE, PUTHIYAKULANGARA HOUSE, VAZHAKULAM, VIA MUVATTUPUZHA, ERNAKULAM DISTRICT, RESIDENT OF APARTMENT NO.4, KAYALORAM, FERRY ROAD, COCHIN - 682 013.

BY ADVS.DR.SEBASTIAN CHAMPAPPILLY SRI.KURIAN ANTONY EDASSERY SRI.GEORGE CLEETUS RESPONDENT(S)/RESPONDENT:-:

---------------------------------------------- JOSE MUNDASSERY, AGED 74 YEARS, S/O.JOSEPH MUNDASSERY, MUNDASSERY BHAVAN, KIZHAKKUMBATTUKARA, THRISSUR - 680 005, ALTERNATIVELY RESIDING OF - 35, QUARY STREET, APARTMENT NO.109, PRINCETON, NEW JERSEY - 08542, USA.

BY ADVS. SRI.P.B.KRISHNAN SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

Tr.P(C).No. 11 of 2015 ----------------------------- APPENDIX PETITIONERS' ANNEXURES --------------------------------------- ANNEXURE 1: (TRUE COPY OF OP.593/13 DATED 17/4/13) FAMILY COURT, THRISSUR ANNEXURE 2: (TRUE COPY OF MC.114/13 DATED 16/4/13 FAMILY COURT, ERNAKULAM ANNEXURE 3: TRUE COPY OF IA.1404/14 DATED 7/4/14 FILED BEFORE THE FAMILY COURT, THRISSUR.

ANNEXURE 4: TRUE COPY OF MP.730/14 DATED 24/8/14 FILED BEFORE THE FAMILY COURT AT ERNAKULAM ANNEXURE 5: TRUE COPY OF LIST OF WITNESSES FILED BEFORE THE FAMILY COURT, THRISSUR IN OP.593/13 ANNEXUFRE 6: TRUE COPY OF LIST OF DOCUMENTS AND ADDITIONAL LIST OF DOCUMENTS FILED BEFORE THE FAMILY COURT, THRISSUR IN OP.593/13 ANNEXURE 7: TRUE COPY OF LIST OF WITNESS FILED BEFORE THE FAMILY COURT, ERNAKULAM IN MC.114/13 ANNEXURE 8: TRUE COPY OF LIST OF DOCUMENTS FILED BEFORE THE FAMILY COURT, ERNAKULAM IN MC.114/13.

RESPONDENTS' ANNEXURES ------------------------------------------ NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - Tr.P.(C) No.11 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of October, 2015

O R D E R

Petitioner has filed O.P.No.593 of 2013 in Family Court, Thrissur against the respondent who was her husband. The prayer is to transfer it to Family Court, Ernakulam.

2.

Heard.

3.

There is no dispute that the petitioner as well as the respondent now reside in the United States of America. It does not make any difference for them if the case is enquired into by the Family Court at Thrissur or Ernakulam. So I am of the view that the prayer to transfer the O.P.No.593 of 2013 on the file of Family Court, Thrissur cannot be allowed.

In the result, this transfer petition is dismissed. sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge