Jithu Joe Eapan vs Betty Mariam Varghese

Citation : 2024 Latest Caselaw 18897 Ker
Judgement Date : 28 June, 2024

Kerala High Court

Jithu Joe Eapan vs Betty Mariam Varghese on 28 June, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
    FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
                    TR.P(C) NO. 378 OF 2024
TO TRANSFER OP NO.701 OF 2021 OF FAMILY COURT, PATHANAMTHITTA
               TO THE FAMILY COURT, MAVELIKKARA


PETITIONER/PETITIONER:

         JITHU JOE EAPAN
         AGED 36 YEARS, S/O EAPEN GEORGE,
         KODOORUZHATHIL HOUSE,
         MYLAPRA TOWN P.O, PATHANAMTHITTA
         (REPRESENTED BY POWER OF ATTORNEY HOLDER
         SRI. JOSE V.O S/O GEORGE RESIDING AT
         VAHAKOOTTATHIL, MYLAPRA TOWN PO,
         PTHANAMTHITTA), PIN - 689678

         BY ADVS.
         MANSOOR.B.H.
         VIDYA KURIAKOSE


RESPONDENT/RESPONDENT:

         BETTY MARIAM VARGHESE
         AGED 33 YEARS, D/O YOHANNAN VARGHESE,
         MANIKKASSERI HOUSE, MANAKAMKUZHI PO,
         MAVELIKKARA, ALAPUZHA, PIN - 690558

         BY ADVS.
         S.K. SAJI
         MAYAMOL T.S.(K/1727/2001)
         G.R.MANJU(K/2072/1999)

     THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.06.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 Tr.P.(C) No. 378/2024
                                     ..2..



                               ORDER

This transfer petition has been filed to transfer O.P.(Div.) No.701/2021 pending before the Family Court, Pathanamthitta to the Family Court, Mavelikkara.

2. I have heard both sides.

3. The petitioner is the husband and the respondent is the wife. It is submitted that the respondent wife is a native of Mavelikkara. O.P. (G&W)No.149/2022 and O.P.(G&W) No.646/2021 between the same parties are pending before the Family Court, Mavelikkara. Since, all the three matters are connected, it is just and proper that they are tried and disposed of by the very same court. Moreover, as stated already the respondent is a native of Mavelikkara.

Hence, this transfer petition is allowed. O.P.(Div.) No.701/2021 pending before the Family Court, Pathanamthitta is withdrawn and transferred to the Family Court, Mavelikkara for trial and disposal.

Sd/-

DR. KAUSER EDAPPAGATH, JUDGE APA Tr.P.(C) No. 378/2024 ..3..

APPENDIX OF TR.P(C) 378/2024 PETITIONER ANNEXURES ANNEXURE A1 THE TRUE COPY OF THE PETITION IN OP NO 701/2021 FILED BY THE PETITIONER BEFORE THE HON'BLE FAMILY COURT PATHANAMTHITTA ANNEXURE A2 THE TRUE COPY OF THE PROCEEDINGS SHEET AVAILABLE IN E-COURT SERVICES IN OP 701/2021 OF THE FAMILY COURT PATHANAMTHITTA ANNEXURE A3 THE TRUE COPY OF THE JUDGMENT IN TR.P(C).NO.330/2023 DATED 07/07/2023 PF THIS HON'BLE COURT ANNEXURE A4 THE COPY OF THE POWER OF ATTORNEY DATED 06.05.2022