Bency v. Joy Jacob

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937 Tr.P(C).No. 78 of 2015 () -------------------------- (FOR TRANSFERRING OF OP(DIV).NO. 687/2012 OF FAMILY COURT, IRINJALAKUDA TO THE FAMILY COURT, THODUPUZHA) -------------- PETITIONER/RESPONDENT:

--------------------------------------------- BENCY, AGED 40 YEARS, D/O MATHAI, KALLARAVELIL HOUSE, AMAYAPRA, UDUMBANNOOR VILLAGE, THODUPUZHA, IDUKKI.

BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR SMT.S.R.NEETHU RAJ RESPONDENT/PETITIONER:

--------------------------------------------- JOY JACOB, AGED 49 YEARS,S/O YACOB, VARIKKATTUMUKALEL VEEDU, KUTTICHIRA P.O., MUKUNDAPURAM, THRISSUR DISTRICT, PIN-680 724. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts

Tr.P(C).No. 78 of 2015 APPENDIX PETITIONER'S ANNEXURES:

ANNEX 1 COPY OF THE ORIGINAL PETITION (O.P.NO.687/2012) FILED BY THE RESPONDENT ANNEX II COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN O.P.NO.687/2012 DATED 12/06/2012 ANNEX III COPY OF THE OUTPATIENT CARD ISSUED BY THE MEDICAL COLLEGE HOSPITAL, KOTTAYAM TO THE PETITIONER.

RESPONDENT'S ANNEXURES:

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

B.KEMAL PASHA, J.

................................................................ Tr.P.(C) No.78 of 2015 ............................................................... Dated this the 2nd day of June, 2015

O R D E R

The petitioner is seeking transfer of O.P.(Div) No.687 of 2012 pending before the Family Court, Irinjalakuda to the Family Court, Thodupuzha.

2.

The marriage of the petitioner and the respondent was solemnised at Marancode St. George Church, Chalakudy on 07.11.2005. A son was born in their wedlock. A maintenance case was filed by the petitioner herein before the Chief Judicial Magistrate's Court, Thodupuzha seeking maintenance, and an interim order granting maintenance was obtained by her. Now, the petitioner is residing with her son at the house of her parents within the jurisdiction of the

Tr.P.(C) 78 of 2015 -: 2 :- Family Court, Thodupuzha.

3.

Notice has been served on the respondent. There is no representation for the respondent. Heard learned counsel for the petitioner.

4.

On going through the facts and circumstances of the case, and on hearing the learned counsel for the petitioner, this Court does not find any reason to deny the relief sought for. Hence this petition is only to be allowed and I do so.

In the result, this Transfer Petition is allowed and O.P. (Div)No.687 of 2012 pending before the Family Court, Irinjalakuda is transferred to the Family Court, Thodupuzha. Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge