Jinu @ Alphonsa v. Binoy @ Thomas

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 12TH DAY OF JANUARY 2015/22ND POUSHA, 1936 Tr.P(C).No. 626 of 2014 ------------------------------- TO TRANSFER OP 307/2014 OF FAMILY COURT, KATTAPPANA TO FAMILY COURT, THODUPUZHA ......

PETITIONER(S)/PETITIONER:

----------------------------------------- JINU @ ALPHONSA, D/O.JACOB, AGED 27 YEARS, ARACKAL HOUSE, OTTALLOOR P.O., PAZHAYAMATTAM BHAGAM, KARIMKUNNAM VILLAGE, KARIMKUNNAM, THODUPUZHA TALUK, IDUKKI DISTRICT. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S)/RESPONDENT:

---------------------------------------------- BINOY @ THOMAS, S/O.JOSEPH, THANNICKAL HOUSE, PRAKASH P.O., UDAYAGIRI BHAGAM, THANKAMANI VILLAGE, KATTAPPANA, IDUKKI DISTRICT - 685 508.

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

Tr.P(C).No. 626 of 2014 ------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

ANNEXURE A1: TRUE COPY OF THE PETITION AS M.C.NO.14/2014 BEFORE THE FAMILY COURT, THODUPUZHA.

ANNEXURE A2: TRUE COPY OF THE PETITION IN OP (DIVORCE) NO.307/2014 OF FAMILY COURT, KATTAPPANA.

RESPONDENT(S)' ANNEXURES:

NIL //TRUE COPY// P.S.TO JUDGE Msv/

P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - Tr.P.(C) No. 626 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of January, 2015

O R D E R

This is a petition filed under Section 24 of C.P.C. seeking to have O.P.No. 307/2014 pending before the Family court, Kattappana transferred to Family Court, Thodupuzha. 2.

Suffice to say that the marital relationship between the petitioner and the respondent ran into rough weather and litigations began. The petitioner has instituted M.C.No. 14/2014 before the Family Court, Thodupuzha while the respondent has instituted O.P.(Divorce) No. 307/2014 before the Family Court, Kattappana.

3.

The petitioner points out that she finds it extremely difficult to travel to Kattappana to attend the routine posting of the case. Moreover, she has financial difficulties and she has nobody to accompany her. In the light of the fact that the M.C. proceedings are already pending before Family Court, Thodupuzha, it is pointed out

Tr.P.(C) No. 626 of 2014 -2that it is only appropriate that both the matters be tried together so that conflict of decisions can be avoided. 4.

Even though notice was served on the respondent, there is no appearance on his behalf.

In the result, this petition is allowed. O.P.No. 307/2014 pending before the Family court, Kattappana shall stand transferred to Family Court, Thodupuzha.

Sd/- P.BHAVADASAN JUDGE ds //True copy// P.A. to Judge