Neethu Susan Abraham v. Jerin Jacob Mathew
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 3RD DAY OF JUNE 2015/13TH JYAISHTA, 1937 Tr.P(C).No. 561 of 2014 () --------------------------- OP.NO. 398/2013 OF FAMILY COURT, THIRUVALLA ----------------------------------- PETITIONER/PETITIONER :
---------------------------------------- NEETHU SUSAN ABRAHAM, AGED 31 YEARS D/O. ABRAHAM SIMON, KOCHUVEETTIL HOUSE, KADAVANTHRA, COCHIN REPRESENTED BY HER FATHER AND POWER OF ATTORNEY HOLDER ABRAHAM PHILIPOSE SIMON, KOCHUVEETTIL HOUSE KADAVANTHRA, COCHIN.
BY ADVS.SRI.GEORGE SEBASTIAN SRI.JOHNSON K. KURIAN RESPONDENTS/RESPONDENTS :
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1. JERIN JACOB MATHEW S/O. JACOB MATHEW, MULAKALAYATHU HOUSE, AZHOOR MAKKAMKUNNU P.O., PATHANAMTHITTA-686645. (*CORRECTED) *CORRECTED AS -------------------------- *JERIN JACOB MATHEW S/O. JACOB MATHEW, MULAKALAYATHU HOUSE, AZHOOR MAKKAMKUNNU P.O., PATHANAMTHITTA-686645 REPRESENTED BY HIS FATHER AND POWER OF ATTORNEY HOLDER JACOB MATHEW, MULAKALAYATHU HOUSE, AZHOOR MAKKAMKUNNU P.O., PATHANAMTHITTA.
*ADDRESS OF THE IST RESPONDENT IS CORRECTED AS PER ORDER IN IA NO. 134/2015 DATED 20/01/2015.
2. JACOB MATHEW MULAKALAYATHU HOUSE, AZHOOR, MAKKAMKUNNU P.O. PATHANAMTHITTA-686645.
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Tr.P(C).No. 561 of 2014 () -2-
3. MALLIKA JACOB W/O. JACOB MATHEW, MULAKALAYATHU HOUSE, AZHOOR MAKKAMKUNNU P.O., PATHANAMTHITTA-686645.
R1 TO R3 BY ADV. SRI. V. PHILIP MATHEW THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-06-2015, ALONG WITH Tr.P(C).No. 83/2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Tr.P(C).No. 561 of 2014 () APPENDIX PETITIONERS' ANNEXURES :
ANNEXURE A : COPY OF OP NO. 398/2013 PENDING BEFORE THE FAMILY COURT, THIRUVALLA.
ANNEXURE B COPY OF THE ECHOCARDIOGRAM REPORT OF THE POWER OF ATTORNEY HOLDER OF THE PETITIONER DATED 29.8.2014. ANNEXURE C COPY OF THE DISCHARGE CERTIFICATE DATED 29.8.2014 ISSUED FROM MEDICAL TRUST HOSPITAL, ERNAKULAM. ANNEXURE D COPY OF THE POWER OF ATTORNEY DATED 31.10.2013 EXECUTED BY THE 1ST RESPONDENT IN FAVOUR OF THE 2ND RESPONDENT.
RESPONDENT'S ANNEXURES : NIL //TRUE COPY// P.A. TO JUDGE Mn
B. KEMAL PASHA, J.
````````````````````````````````````````````````````````````` Tr.P.(C) Nos.561 of 2014 & 83 of 2015 ````````````````````````````````````````````````````````````` Dated this the 3rd day of June, 2015
O R D E R
~ ~ ~ ~ ~ ~ Petitioner in O.P.No.398/2013 of the Family Court, Thiruvalla has come up with the request to get the OP transferred to the Family Court, Ernakulam. According to the petitioner, she is presently working abroad in Australia and when she is coming over here, she would be residing at Kadavanthra and in such case, it is not easy for her to travel all the way from Ernakulam to Thiruvalla to attend the case. The respondents in the said OP has filed Tr.P.(C) No.83/2015 requesting for a transfer of the said OP from the Family Court, Thiruvalla to the Family Court, Pathanamthitta. According to the petitioners in Tr.P.(C) No.83/2015, they are aged and their son is presently in Australia. According to the petitioners, they are aged and they find it difficult to travel from Pathanamthitta to
Tr.PC.561/14&83/15 : 2 :
Thiruvalla. As far as Tr.P.(C) No.83/2015 is concerned, I do not find any necessity to transfer the matter from the Family Court, Thiruvalla to the Family Court, Pathanamthitta as the distance between these two places is around 30 Kms. only. The petitioner in Tr.P.(C) No.561/2014 is also not in station. It seems that she expects that she would be residing at Kadavanthara on her arrival from Australia. Let the parties come and move once again. Presently, I do not find any reason to transfer O.P.No.398/2013. Therefore, both the transfer petitions can be dismissed and in case any necessity arises in future, the petitioners can move this Court once again.
Both the Transfer Petitions are dismissed.
Sd/- (B.KEMAL PASHA, JUDGE) aks/03/06 // True Copy // PA to Judge