Rachel Mathew @ Renu v. Jaison John Kurian

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. 378 of 2015 -------------------------------- OP 445/2015 OF FAMILY COURT, ETTUMANOR, KOTTAYAM --------------------------- PETITIONER:

------------------- RACHEL MATHEW @ RENU, AGED 40 YEARS, D/O. MATHEW DANIEL, AAKKOTTU HOUSE, DR. GEORGE MATHEW NAGAR, KOZHENCHERRY P.O.- 689641, PATHANAMTHITTA DISTRICT.

BY ADV. SRI.PIOUS JACOB RESPONDENT:

---------------------- JAISON JOHN KURIAN, AGED 47 YEARS, S/O JOHN KURIAN, VILLUNAISERRIL HOSUE, KARAPPUZHA POST, NOW RESIDING AT SHALEM NIVAS, THIRUVATHUKKAL P.O., PIN:686 003.

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

Tr.P(C).No. 378 of 2015 -------------------------------- APPENDIX PETITIONERS' ANNEXURES ---------------------------------------- A1:

COPY OF THE MEMORANDUM OF CMP.85/14 ON THE FILED OF THE FAMILY COURT, PATHANAMTHITTA DTD.9/10/14 A2:

COPY OF THE MEMORANDUMIN OP.(DIV.) NO.445/15 ON THE FILES OF THE FAMILY COURT, ETTUMANOOR DATED 17/4/15.

RESPONDENTS' ANNEXURE --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` Tr.P.(C) No.378 of 2015 ````````````````````````````````````````````````````````````` Dated this the 7th day of August, 2015

O R D E R

~ ~ ~ ~ ~ ~ Petitioner wife seeks the transfer of O.P.(Divorce) No.445/2015 of the Family Court, Ettumanoor, to the Family Court, Pathanamthitta. She has filed C.M.P. No.85/2014 before the Family Court, Pathanamthitta for execution of the order for maintenance granted in her favour in M.C.No.97/2011. The petitioner is residing at Kozhencherry with her two small children. She finds it difficult to travel all the way from Kozhencherry to Ettumanoor to attend the case.

2.

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

3.

On hearing the learned counsel for the petitioner and considering the facts and circumstances of the case,

TrPC.378/2015 : 2 :

this Court is satisfied that it is just and convenient in the interest of justice to transfer O.P.(Divorce) No.445/2015 of the Family Court, Ettumanoor, to the Family Court, Pathanamthitta.

In the result, this Tr.P.(C) is allowed and O.P.(Divorce) No.445/2015 of the Family Court, Ettumanoor is ordered to be transferred to the Family Court, Pathanamthitta. Sd/- (B.KEMAL PASHA, JUDGE) aks/07/08 // True Copy // PA to Judge