Ashly Joseph v. Binu Ulahannan

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 18TH DAY OF AUGUST 2015/27TH SRAVANA, 1937 Tr.P(C).No. 133 of 2014 () --------------------------- TRANSFER O.P. NO. 1351/2013 OF FAMILY COURT, ETTUMANOOR TO FAMILY COURT, THODUPUZHA.

.....

PETITIONER/RESPONDENT:

---------------------------------------- ASHLY JOSEPH, D/O. JOSEPH, PULICKALTHADATHIL HOUSE, PUTHUPARIYARAM P.O., MANAKKAD VILLAGE, IDUKKI DISTRICT.

BY ADVS.SRI.A.C.DEVASIA, SRI.A.M.THOMAS (AYKAN).

RESPONDENT/PETITIONER:

----------------------------------------- BINU ULAHANNAN, S/O ULAHANNAN, PARAKAL HOUSE, ARUNNOOTIMANGALAM P.O., KADUTHURUTHI VILLAGE, KOTTAYAM DISTRICT-686 006.

BY ADVS. SRI.P.K.MURALEEDHARAN, SRI.SUNU P.JOHN.

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

Tr.P(C).No. 133 of 2014 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE I COPY OF THE PETITION IN O.P. NO.1351/2013 PENDING BEFORE THE FAMILY COURT, ETTUMANOOR.

RESPONDENT'S ANNEXURES:- NIL.

//TRUE COPY// P.S. TO JUDGE rs.

B. KEMAL PASHA, J.

................................................................ Tr.P.(C) No. 133 of 2014 ............................................................... Dated this the 18th day of August, 2015

O R D E R

Petitioner, wife is seeking the transfer of OP No.1351/2013 filed by the respondent/husband for divorce before the Family Court, Kottayam at Ettumanoor, to the Family Court, Thodupuzha. The petitioner is residing within the jurisdiction of the Family Court, Thodupuzha. According to the petitioner, she is a physically challenged person. 2.

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

3.

The learned counsel for the respondent has pointed out that the respondent is also an invalid and a physically challenged person. The learned counsel for the

Tr.P.(C) 133 of 2014 -: 2 :- respondent has stoutly opposed the transfer.

4. On going through the facts and circumstances of the case, and on considering the fact that the petitioner/woman is a physically challenged person, who is residing within the jurisdiction of the Family Court, Thodupuzha, this Court is satisfied that it is just and convenient in the interest of justice to transfer O.P.1351 of 2013 of the Family Court, Ettumanoor, to the Family Court, Thodupuzha.

In the result, this Transfer Petition is allowed and O.P.1351 of 2013 of the Family Court, Kottayam at Ettumanoor is transferred to the Family Court, Thodupuzha. Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge