Margaret P.Mathew v. Jinesh Zacharia
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 7TH DAY OF AUGUST 2015/16TH SRAVANA, 1937 Tr.P(C).No. 34 of 2015 () -------------------------- TRANSFER OF OP NO. 492/2014 OF FAMILY COURT, VATAKARA TO FAMILY COURT, KOZHIKODE ------------------ PETITIONER :
--------------------- (RESPONDENT (WIFE) IN OP NO. 492/2014 PENDING BEFORE THE LEARNED FAMILY COURT, VATAKARA) MARGARET P. MATHEW AGED 26 YEARS, D/O.MATHEW P.D., PARAPPAMTHANAM HOUSE N.G.O.QUARTERS, MARIKKUNNU P.O., KOZHIKODE DISTRICT PIN-673 012.
BY ADVS.SRI.S.K.SAJU SRI.A.RANJITH NARAYANAN SMT.A.SIMI SRI.K.H.SREENATH RESPONDENT :
----------------------- (PETITIONER (HUSBAND) IN OP NO. 492/2014 PENDING BEFORE THE LEARNED FAMILY COURT, VATAKARA) SRI. JINESH ZACHARIAH, AGED 32 YEARS, S/O.ZACHARIAH GEORGE, ETTIYEPPARA HOUSE THALAYAD P.O., UNNIKULAM, KOZHIKODE, PIN-673 574. BY ADV. SRI.P.K.RAVISANKAR THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/-
Tr.P(C).No. 34 of 2015 () APPENDIX PETITIONERS' ANNEXURES :
ANNEXURE A1 : COPY OF THE PETITION DATED 4.3.2011 FILED BY THE PETITIONER AS MC NO. 31/2011 BEFORE THE JFMC-I, KOZHIKODE.
ANNEXURE A2 COPY OF THE PETITION DATED 12.11.2014 IN OP NO. 492/2014 PENDING BEFORE THE LEARNED FAMILY COURT, VATAKARA. RESPONDENT'S ANNEXURES : NIL //TRUE COPY// P.A. TO JUDGE Mn
B. KEMAL PASHA, J.
````````````````````````````````````````````````````````````` Tr.P.(C) No.34 of 2015 ````````````````````````````````````````````````````````````` Dated this the 7th day of August, 2015
O R D E R
~ ~ ~ ~ ~ ~ Petitioner wife seeks the transfer of O.P.No.492/2014 filed before the Family Court, Vatakara seeking dissolution of marriage, to the Family Court, Kozhikode. The petitioner has filed MC No.31/2011 before the Judicial First Class Magistrate's Court-I, Kozhikode under the provisions of the Protection of Women from Domestic Violence Act. The petitioner is residing within the jurisdiction of the Family Court, Kozhikode.
2.
Heard learned counsel for the petitioner and learned counsel for the respondent.
3.
Learned counsel for the respondent has fairly submitted that the respondent is not standing in the way of effecting a transfer as prayed for.
4.
On hearing either side and considering the facts
TrPC.34/2015 : 2 :
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.492/2014 pending before the Family Court, Vatakara, to the Family Court, Kozhikode.
In the result, this Tr.P.(C) is allowed and O.P.No.492/2014 pending before the Family Court, Vatakara is ordered to be transferred to the Family Court, Kozhikode. Sd/- (B.KEMAL PASHA, JUDGE) aks/07/08 // True Copy // PA to Judge