Gladis Joseph v. Jobh Stephan

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. 129 of 2015 () --------------------------- (TO TRANSFER OP.NO. 38/2015 OF FAMILY COURT, PALA TO FAMILY COURT, ERNAKULAM) PETITIONER/RESPONDENT:

--------------------------------------------- GLADIS JOSEPH, AGED 37 YEARS, W/O.JOBY STEPHEN, EDAYADIYIL HOUSE, MEVALLOR P.O.VELLOOR, PIN - 686 609 NOW RESIDING AT MADATHIL HOUSE, ASHRAMAM ROAD, AMBALAMEDU, ERNAKULAM-682 303. BY ADVS.SRI.GEO PAUL SRI.SANU MATHEW SRI.RADHIKA RAJASEKHARAN P.

SRI.C.R.PRAMOD SRI.S.ASHOK KUMAR.

SRI.LENIN P. SUKUMARAN SRI.K.S.SREENATH SRI.JERRY VARGHESE RESPONDENT/PETITIONER:

-------------------------------------------- JOBH STEPHEN, AGED 41 YEARS, S/O.STEPHEN, VELLACHALIL HOUSE, PUTHUVELI P.O.,KOTTAYAM, PIN - 686 636.

BY ADV. SRI.SURIN GEORGE IPE THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts

Tr.P(C).No. 129 of 2015 APPENDIX PETITIONER'S ANNEXURES:

ANNEX A1 COPY OF THE O.P.NO.38/2015 PENDING ON THE FILES OF FAMILY COURT, PALA.

RESPONDENT'S ANNEXURES:

ANNEX R1(A) COPY OF THE NOTICE ISSUED TO THE RESPONDENT IN O.P.NO.359/2015 ON THE FILE OF THE FAMILY COURT, ETTUMANOOR. ANNEX R1(B) COPY OF THE I.A.602/2015 IN O.P.NO.359/2015 AND ORDER OF INJUNCTION OF THE FAMILY COURT, ETTUMANOOR DATED 13/4/2015. /TRUE COPY/ P.S.TO JUDGE sts

B.KEMAL PASHA, J.

................................................................ Tr.P.(C) No.129 of 2015 ............................................................... Dated this the 25th day of June, 2015

O R D E R

Petitioner, who is the wife, seeks the transfer of OP 38/2015 pending before the Family Court, Pala to the Family Court, Ernakulam. It has come out that the said OP has been filed by the respondent seeking divorce. At the same time, the petitioner had filed OP 359/2015 before the Family Court, Ettumanoor seeking return of gold ornaments, money etc.

2.

Heard learned counsel for the petitioner and the learned counsel for the respondent.

3.

The learned counsel for the petitioner submits that the petitioner is not pressing for the transfer of OP 38/2015 from the Family Court, Pala to the Family Court, Ernakulam, as the petitioner is now working abroad. At the

Tr.P.(C) 129 of 2015 -: 2 :- same time, the learned counsel for the petitioner has pointed out that the respondent has no objection in transferring the said OP pending before the Family Court, Pala to the Family Court, Ettumanoor where the other OP filed by the petitioner is pending. The learned counsel for the respondent also agrees to the said proposition. 4.

Heard both sides.

5.

On considering the facts and circumstances and on hearing the learned counsel for the parties, this Court is satisfied that it is just and convenient in the interest of justice to transfer OP 38/2015 pending before the Family Court, Pala to the Family Court, Ettumanoor.

In the result, this Transfer Petition is allowed and OP 38/2015 pending before the Family Court, Pala is transferred to the Family Court, Ettumanoor. Sd/- B.KEMAL PASHA, JUDGE ul/-

Tr.P.(C) 129 of 2015 -: 3 :- [True copy] P.S. to Judge