Sheena Jose v. Jinu Wilfred

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 4TH DAY OF JUNE 2015/14TH JYAISHTA, 1937 Tr.P(C).No. 366 of 2014 () --------------------------- TRANSFER OF O.P. NO.261/2014 OF FAMILY COURT, KOLLAM TO FAMILY COURT, THIRUVANANTHAPURAM.

......

PETITIONER/RESPONDENT:

----------------------------------------- SHEENA JOSE, D/O.JOSE N.K., SHINU COTTAGE, BEACH P.O., KANNANTHURA, THIRUVANANTHAPURAM DISTRICT - 695 007. BY ADV. SRI.G.SUDHEER.

RESPONDENT(S):

---------------------------- JINU WILFRED, S/O.WILFRED, MAVUNNUPOIKA MELETHIL (M.P.M. HOUSE), NEAR GOVT. L.P. SCHOOL, PADAPPAKKARA P.O, PERAYAM CHERRY, MULAVANA VILLAGE, KOLLAM DISTRICT-691 503.

BY ADVS. SRI.S.RAJEEV, SRI.K.K.DHEERENDRAKRISHNAN.

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

Tr.P(C).No. 366 of 2014 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A COPY OF THE PETITION IN O.P. NO.261/2014 ON THE FILE OF FAMILY COURT, KOLLAM DATED 25/02/2014.

ANNEXURE B COPY OF THE NOTICE IN FORM NO.1 ISSUED BY THE FAMILY COURT, KOLLAM DATED 18/03/2014.

RESPONDENT'S ANNEXURES:- NIL.

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

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` Tr.P.(C) No.366 of 2014 ````````````````````````````````````````````````````````````` Dated this the 4th day of June, 2015

O R D E R

~ ~ ~ ~ ~ ~ Petitioner seeks for the transfer of O.P.(Divorce) No.261/2014 pending before the Family Court, Kollam to the Family Court, Thiruvananthapuram. The OP has been filed by the husband of the petitioner. He is working abroad. It seems that he has appointed his father as Power of Attorney holder for conducting the OP. According to the petitioner, she is a permanent resident of Thiruvananthapuram. She has to travel all the way from Thiruvananthapuram to Kollam to attend the case against her.

2.

According to the learned counsel for the respondent, the aged father of the respondent is the Power of Attorney Holder of the respondent and in case of the transfer of the case as prayed for, he would be put to irreparable loss and injuries. It is open to the respondent to

TrPC.366/2014 : 2 :

appoint any other person as Power of Attorney Holder in such case. The same cannot stand in the way of transferring the OP from the Family Court, Kollam to the Family Court, Thiruvananthapuram. It seems that it is just and convenient in the interest of justice to effect a transfer as prayed for. In the result, this Tr.P.(C) is allowed and O.P.(Divore) No.261/2014 pending before the Family Court, Kollam is ordered to be transferred to the Family Court, Thiruvananthapuram.

Sd/- (B.KEMAL PASHA, JUDGE) aks/04/06 // True Copy // PA to Judge