Betty Samuel v. Moncy.K.Mathew

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN TUESDAY, THE 3RD DAY OF FEBRUARY 2015/14TH MAGHA, 1936 Tr.P(C).No. 302 of 2014 -------------------------------- OP 200/2014 of FAMILY COURT, ETTUMANOOR, KOTTAYAM -------------------- PETITIONER:

------------------ BETTY SAMUEL, AGED 33 YEARS D/O.SAMUEL DANIEL, 'JOY VILLA'

VADAKKE NELLIKKALAYIL HOUSE, PAIPPADU PALLIKKACHIRA KAVALA P O, CHENGANASSERY, KOTTAYAM DISTRICT.

BY ADVS.SRI.JESWIN P.VARGHESE SRI.R.SYLESHWAREN NAIR RESPONDENTS:

-----------------------

1. MONCY.K.MATHEW S/O.K.I.MATHEW, KANIAMPARAMBIL HOUSE, PUTHENANGADY KOTTAYAM P O, PIN-686001.

2. BINI SAMUEL D/O.SAMUEL DANIEL, JOY VILLA VADAKKE NELLIKKALAYIL HOUSE PALLIKKACHIRA KAVALA PO , PAIPPADU, CHENGANASSERY KOTTAYAM DIST, PIN-686537.

BY ADV. SRI.LIJI.J.VADAKEDOM THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

Tr.P(C).No. 302 of 2014 -------------------------------- APPENDIX PETITIONERS' ANNEXURES ---------------------------------------- ANNEXURE A: A TRUE COPY CO OP.200/14 ON THE FILES OF FAMILY COURT, ETTUMANOOR.

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

/ TRUE COPY / P.S. TO JUDGE PJ

P.BHAVADASAN, J.

------------------------------------------------- Transfer Petition (Civil) No.302 OF 2014 ------------------------------------------------- Dated this the 3rd day of February, 2015.

O R D E R

This is a petition filed under Section 24 of the Code of Civil Procedure seeking to have O.P.No.200/2014 pending before the Family Court, Ettumanoor transferred to Family Court, Thiruvalla.

2. Suffice to say that, the marital relationship between the petitioner and the 1st respondent ran into rough weather and litigations began. The 1st respondent instituted O.P.No.200/2014 before the Family Court, Ettumanoor praying for a decree of dissolution of marriage.

3. Petitioner points out that she is a permanent resident at Changanassery and she finds it extremely difficult to go over to Family Court, Ettumanoor to attend the case and she therefore prays that the matter pending before the Family Court, Ettumanoor may be transferred to Family Court, Thiruvalla.

4. Notice was issued to the respondents who have entered appearance and raised objection.

T.P.(C) No.302/2014

5. Considering the facts and circumstances of the case and also the reason given for transfer, it is only proper that the matter pending before Family Court, Ettumanoor be transferred to Family Court, Thiruvalla.

In the result, this petition is allowed and O.P.No.200/2014 pending before Family Court, Ettumanoor shall stand transferred to Family Court, Thiruvalla. Parties shall appear before the Family Court, Thiruvalla on 24.02.2015 and Family Court, Thiruvalla may make every endeavour to dispose of the matter as expeditiously as possible, at any rate, within a period of four months from the date of appearance of the parties. Sd/- P.BHAVADASAN JUDGE smp // True Copy // P.A. to Judge.