Ajitha K.O v. Saju Varghese

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 16TH DAY OF JULY 2015/25TH ASHADHA, 1937 Tr.P(C).No. 19 of 2015 ------------------------------- OP 830/2014 OF FAMILY COURT, KOTTARAKKARA .......

PETITIONER(S):

----------------------- AJITHA K.O., AGED 36 YEARS, D/O.MARYKUTTY, KURUMBOLAZHIKATHU HOUSE, NALANCHIRA, KUDAPPANAKUNNU P.O., THIRUVANANTHAPURAM DISTRICT. BY ADVS.SRI.N.KRISHNA PRASAD SRI.P.G.PRAMOD RESPONDENT(S):

------------------------- SAJU VARGHESE, AGED 44 YEARS, S/O.VARGHESE, RESIDING AT 'PANAYILPUTHAN VEEDU' MANNUR P.O., VAYALA MURI, KOTUKAL VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT.

BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-07-2015, ALONG WITH TPC. 20/2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

msv/

Tr.P(C).No. 19 of 2015 ------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

ANNEUXRE A1: TRUE COPY OF THE PETITION IN OP.NO.62/2014 PENDING BEFORE THE HON'BLE FAMILY COURT, NEDUMANGAD.

ANNEXURE A2: TRUE COPY OF THE M.C.NO.420/2014 PENDING BEFORE THE HON'BLE FAMILY COURT, NEDUMANGAD.

ANNEXURE A3: TRUE COPY OF OP.NO.830/2014 PENDING BEFORE THE FAMILY COURT, KOTTARAKKARA.

ANNEXURE A4: TRUE COPY OF OP. (G & W) NO.831/2014 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, KOTTARAKKARA.

RESPONDENT(S)' ANNEXURES:

NIL //TRUE COPY// P.S.TO JUDGE Msv/

B. KEMAL PASHA, J.

................................................................ Tr.P.(C) Nos. 19 and 20 of 2015 ............................................................... Dated this the 16th day of July, 2015

O R D E R

Through Tr.P.C. 19 of 2015 the petitioner seeks the transfer of OP 830/2014 filed by the respondent husband pending before the Family Court, Kottarakkara to the Family Court, Nedumangad. Through Tr.P.C. 20 of 2015, the petitioner seeks transfer of OP(G&W) 831 of 2014 filed by the respondent before the Family Court, Kottarakkara to the Family Court, Nedumangad. OP 830/2014 is one for divorce and OP(G&W) 831/2014 is one filed by the respondent seeking custody of the minor child.

2.

The petitioner wife, along with the minor child, are residing at Nalanchira, which is within the jurisdiction of

Tr.P.(C) 19 & 20 of 2015 -: 2 :- Family Court, Nedumangad. She finds it very difficult to travel all the way from Nalanchira to Kottarakkara to defend the cases.

3.

Heard the learned counsel for the petitioner and the learned counsel for the respondent. Even though, the respondent has opposed the petitions, on hearing the learned counsel on either side and considering the facts and circumstances of this case, this Court is satisfied that both the Transfer Petitions can be allowed thereby transferring OP 830/2014 as well as OP(G&W) 831/2014 from the Family Court, Kottarakkara to the Family Court, Nedumangad.

4.

In the result, both these Transfer Petitions are allowed by transferring OP 830/2014 as well as OP(G&W) 831/2014 from the Family Court, Kottarakkara to the Family Court, Nedumangad.

As far as practicable, the court below shall dispense with the personal appearance of the respondent in the

Tr.P.(C) 19 & 20 of 2015 -: 3 :- matter and he may be compelled to appear on those posting dates in which his personal appearance is required. Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge