Omana v. Varghese

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937 Tr.P(C).No. 201 of 2014 () --------------------------- TRANSFER O.P. NO. 596/2013 OF FAMILY COURT, MUVATTUPUZHA TO FAMILY COURT, KALPETTA, WAYANAD.

.......

PETITIONER:

------------------- OMANA, D/O.PAULOSE, AGED 47 YEARS, VAZHAKKALAYIL HOUSE, AMBALAVAYAL. P.O., NENMENI AMSOM, EDAKKAL KARA, MADAKKARA VILLAGE, SULTHAN BATHERI TALUK, PIN-673 593.

BY ADVS.SRI.REJI GEORGE, SRI.GOPAKUMAR G. (ALUVA), SRI.BINOY DAVIS.

RESPONDENT:

---------------------- VARGHESE, S/O.JOHN, AGED 54 YEARS, OOTHUKUZHIYIL HOUSE, ONAKKOOR KARA, ONAKKOOR VILLAGE, MUVATTUPUZHA TALUK, PIN-686 667. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

Tr.P(C).No. 201 of 2014 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE 1 COPY OF THE RATION CARD NO.2263064069 ISSUED BY THE SUPPLY OFFICER, SULTHAN BATHERY TALUK.

ANNEXURE 2 COPY OF THE O.P. NO. 596/2013 ON THE FILE OF THE HONOURABLE FAMILY COURT, MUVATTUPUZHA.

RESPONDENT'S ANNEXURES:- NIL.

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

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` Tr.P.(C) No.201 of 2014 ````````````````````````````````````````````````````````````` Dated this the 2nd day of June, 2015

O R D E R

~ ~ ~ ~ ~ ~ Petitioner is seeking the transfer of O.P.596/2013 of the Family Court, Muvattupuzha to the Family Court, Kalpetta, Wayanad. The marriage between the petitioner and the respondent was solemnised at St.Mary's Jacobite Church, Chingeri, Wayanad. Presently, the petitioner, who has been deserted by the respondent, is residing at Ambalavayal, Madakkara village, Sulthan Batheri, Wayanad. The aforesaid OP has been filed by the respondent for divorce. According to the petitioner, she is suffering from severe spondylitis and she is advised to use a lumbosacral corset and not to travel long distance. The petitioner is being maintained by her brother, who is a coolie working at Coorg.

2.

Notice has been served on the learned counsel

Tr.P.C.201/2014 : 2 :

appearing for the respondent before the court below. He has recorded no objection in transferring the OP. 3.

Heard learned counsel for the petitioner.

4.

On considering the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner, this Court is satisfied that there is no reason to deny the relief sought for.

In the result, this Tr.P.(C) is allowed and O.P.No.596/2013 pending before the Family Court, Muvattupuzha is ordered to be transferred to the Family Court, Kalpetta, Wayanad.

Sd/- (B.KEMAL PASHA, JUDGE) aks/02/06 // True Copy // PA to Judge