Roshni S.Kuruvila v. Saji Kuruvila
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 22ND DAY OF JULY 2015/31ST ASHADHA, 1937 Tr.P(C).No. 317 of 2014 () --------------------------- TRANSFER O.P. NO. 897/2013 OF FAMILY COURT, THIRUVALLA TO FAMILY COURT, ETTUMANOOR.
.......
PETITIONER:
------------------- ROSHNI S.KURUVILA, D/O.LATE MATHEW THOMAS, AGED 44 YEARS, SKYLINE ORCHID APARTMENTS, BLOCK NO. II 4F, KANJIKUZHY P.O, KOTTAYAM.
BY ADVS.SRI.BECHU KURIAN THOMAS, SRI.ENOCH DAVID SIMON JOEL.
RESPONDENT:
---------------------- SAJI KURUVILA, S/O.LATE T.V. KURUVILLA, AGED 49 YEARS, KALLUPURACKAL HOUSE, NEAR ST.JOHN'S CATHEDRAL, THIRUVALLA, NOW RESIDING AT BUILDING NO. 30, B5, AL SHAB COLONY, NEAR AL SAFIA SUPER MARKET, HOR AL AUZ, P.O. BOX 72178, DUBAI, UNITED ARAB EMIRATES.
BY ADV. SRI.S.SUBHASH CHAND.
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
Tr.P(C).No. 317 of 2014 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURES A1 COPY OF THE PETITION FILED BY THE PETITIONER AS O.P. NO. 897/2013 BEFORE THE FAMILY COURT, THIRUVALLA. ANNEXURES A2 COPY OF THE PETITION FILED BY THE PETITIONER AS O.P. NO. (B&W) 955/2013 BEFORE THE FAMILY COURT, ETTUMANOOR.
RESPONDENT'S ANNEXURES:- ANNEXURE R1 COPY OF THE RELEVANT PAGE OF THE PASSPORT OF THE PETITIONER.
ANNEXURE R2 COPY OF THE RELEVANT PAGE OF THE PASSPORT OF THE PETITIONER.
ANNEXURE R3 COPY OF THE RELEVANT PAGE OF THE PASSPORT OF THE YOUNGER DAUGHTER OF RACHEL S.KURUVILLA.
ANNEXURE R4 COPY OF THE RELEVANT PAGE OF THE PASSPORT OF THE RESPONDENT INDICATING THE RESIDENTIAL ADDRESS.
//TRUE COPY// P.A. TO JUDGE rs.
B. KEMAL PASHA, J.
````````````````````````````````````````````````````````````` Tr.P.(C) No.317 of 2014 ````````````````````````````````````````````````````````````` Dated this the 22nd day of July, 2015
O R D E R
~ ~ ~ ~ ~ ~ The petitioner wife seeks the transfer of O.P.No.897/2013 of the Family Court, Thiruvalla to the Family Court, Kottayam at Ettumanoor. The respondent husband has filed O.P.No.347/2013 before the Family Court, Thiruvalla seeking divorce. The petitioner has also filed O.P. (G&W) No.955/2013 seeking the custody of minor child before the Family Court, Kottayam at Ettumanoor. Even though the parties were referred for mediation, the mediation was not successful. There is no meaning in further attempting for any mediation here at present. According to the petitioner, she is presently employed in a private concern at Kottayam and she finds it difficult to travel all the way from Kottayam to Thiruvalla for conducting the cases.
TrPC.317/2014 : 2 :
2.
Heard learned counsel for the petitioner and learned counsel for the respondent.
3.
The learned counsel for the respondent has vehemently opposed the transfer on the ground that the petitioner is also residing at Thiruvalla and not at Kottayam as averred. On going through the facts and circumstances of the case and on considering the submission made by either side, this Court is satisfied that it is just and convenient in the interest of justice to transfer O.P.No.897/2013 of the Family Court, Thiruvalla to the Family Court, Kottayam at Ettumanoor.
In the result, this Tr.P.(C) is allowed and O.P.No.897/2013 of the Family Court, Thiruvalla is ordered to be transferred to the Family Court, Kottayam at Ettumanoor.
Sd/- (B.KEMAL PASHA, JUDGE) aks/22/07 // True Copy // PA to Judge