Aghese John v. Jerom Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 25TH DAY OF JUNE 2015/4TH ASHADHA, 1937 Tr.P(C).No. 117 of 2015 -------------------------------- OP(DIV) 1147/2013 of FAMILY COURT, ALAPPUZHA ------------------ PETITIONER(S)/RESPONDENT:
-------------------------------------------- AGHESE JOHN, AGED 40 YEARS, D/O.JOHN, RESIDING AT EDATHRA HOUSE, VAZHOOR PO, VAZHOOR VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT.
BY ADVS.SRI.S.ANANTHAKRISHNAN SRI.N.K.SUBRAMANIAN RESPONDENT(S)PETITIONER:
------------------------------------------ JEROM THOMAS, AGED 46 YEARS, S/O.LATE P.T. THOMAS, RESIDING AT PADUVUPURACKEL HOUSE, EDATHUA P.O. EDATHUA VILLAGE, CHAMPAKULAM TALUK, ALAPPUZHA DISTRICT.
BY ADVS. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ
Tr.P(C).No. 117 of 2015 -------------------------------- APPENDIX PETITIONERS' ANNEXURES ---------------------------------------- ANNEXURE A: COPY OF O.P.(DIVORCE) NO.1147/2013 PENDING BEFORE THE FAMILY COURT, ALAPPUZHA ANNEXURE B: COPY OF OP.NO.66/15 PENDING BEFORE THE FAMILY COURT, PALA. RESPONDENTS' ANNEXURE ---------------------------------------- NIL.
/ TRUE COPY / P.S. TO JUDGE PJ
B. KEMAL PASHA, J.
````````````````````````````````````````````````````````````` Tr.P.(C) No.117 of 2015 ````````````````````````````````````````````````````````````` Dated this the 25th day of June, 2015
O R D E R
~ ~ ~ ~ ~ ~ Petitioner seeks transfer of O.P.(Divorce) No.1147/2013 of the Family Court, Alappuzha to the Family Court, Pala. According to the petitioner, she is residing with her aged ailing parents at Vazhoor within the jurisdiction of the Family Court, Pala. The OP has been filed by the respondent.
2.
Heard learned counsel for the petitioner and learned counsel for the respondent.
3.
According to the learned counsel for the respondent, the petitioner is gainfully employed in Kuwait and it cannot be said that she is unable to travel alone. That alone is not the reason for which the transfer has been sought for. According to the petitioner, she is residing within the jurisdiction of the Family Court, Pala. It may be true that
Tr.PC.117/2015 : 2 :
she is working abroad. That does not mean that she is not entitled to get the OP transferred as prayed for. 4.
On hearing the learned counsel for the petitioner and the respondent, and considering the facts and circumstances of the case, I am satisfied that it is just and convenient in the interest of justice to transfer O.P.(Divorce) No.1147/2013 pending before the Family Court, Alappuzha to the Family Court, Pala.
In the result, this Tr.P.(C) is allowed and O.P.(Divorce) No.1147/2013 pending before the Family Court, Alappuzha is ordered to be transferred to the Family Court, Pala. Sd/- (B.KEMAL PASHA, JUDGE) aks/25/06 // True Copy // PA to Judge