Simimol Thomas v. Vin Varghese

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 29TH DAY OF JUNE 2015/8TH ASHADHA, 1937 Tr.P(C).No. 223 of 2015 ----------------------------------- TO TRANSFER O.P.NO.1279/2014 OF FAMILY COURT, ETTUMANOOR TO FAMILY COURT, ERNAKULAM ----------------- PETITIONER(S) :

-------------------------- SIMIMOL THOMAS, AGED 34 YEARS, D/O.P.V.THOMAS, PRESENTLY RESIDING AT MAKAM NIVAS, H.NO.19/665, B.D.ROAD, PALLURUTHY P.O., PIN-682 006, ERNAKULAM DISTRICT.

BY ADVS.SRI.K.S.MOHAMED HASHIM SMT.CAROLIN SINDHU VAZ SMT.P.A.JAIMOLE SMT.A.NISSY RESPONDENT(S) :

---------------------------- VIN VARGHESE, AGED 39 YEARS, S/O.LATE P.K.VARGHESE, PAYYAPPILLY HOUSE, MAIKKADU P.O., PIN-683 589, ANKAMALY, ALUVA, ERNAKULAM DISTRICT.

BY ADVS. SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.T.SAJI THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

B.KEMAL PASHA, J.

==================== Tr.P.(C). No.223 of 2015 ===================== Dated this the 29th day of June, 2015

O R D E R

The petitioner seeks for the transfer of O.P.No.1279 of 2014 pending before the Family Court, Ettumanoor to the Family Court, Ernakulam for trial along with M.C.No.101 of 2015 and O.P.No.521 of 2015 filed by the petitioner before the Family Court, Ernakulam as against the respondent.

2. The petitioner is the wife and the respondent is the husband.

3. According to the petitioner, she along with her minor children are residing within the jurisdiction of the Family Court, Ernakulam. Therefore the transfer is required.

4. Heard the learned counsel for the petitioner and

Tr.P.(C).No.223 of 2015 -: 2 :- the learned counsel for the respondent.

5. Presently, the respondent is not standing in the way of effecting transfer as prayed for. On hearing either side and on considering the facts and circumstances of the case, this Court is satisfied that it is just and convenient in the interest of justice to effect transfer as prayed for. In the result, this Transfer Petition (Civil) is allowed and O.P.No.1279 of 2014 pending before the Family Court, Ettumanoor is transferred to the Family Court, Ernakulam for trial along with the M.C.No.101 of 2015 and O.P.No.521 of 2015.

Sd/- B.KEMAL PASHA JUDGE DSV/29/6/15