Kerala High Court
Manju Jose vs Jijo Jacob on 28 December, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 28TH DAY OF DECEMBER 2021 / 7TH POUSHA, 1943
TR.P(C) NO. 199 OF 2021
AGAINST THE ORDER/JUDGMENT IN GOP 527/2021 OF FAMILY
COURT,ERNAKULAM
PETITIONER/RESPONDENT IN O.P.:
MANJU JOSE
AGED 37 YEARS
D/O. JOSEPH, PENDANATH, PALLIPPADY,
KORUTHODE P.O, KOTTAYAM, KERALA - 686513.
BY ADVS.
K.M.JAMALUDHEEN
SRI.KOSHY GEORGE
SMT.LATHA PRABHAKARAN
RESPONDENT/PETITIONER IN O.P.:
JIJO JACOB
AGED 42 YEARS
S/O.K.E. CHACKO,
KOIPURATHU HOUSE,
VENKURINJI P.O,
PATHANAMTHITTA DISTRICT,
PIN - 686510,
NOW RESIDING AT PULIKANTHANATH HOUSE,
AMBEDKAR ROAD, VENNALA P.O,
ERNAKULAM - 682028.
BY ADV SRI.T.M.RAMAN KARTHA
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.12.2021, ALONG WITH TR.P(C).202/2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Tr.P(C) Nos.199/2021 & 202/2021]
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 28TH DAY OF DECEMBER 2021 / 7TH POUSHA, 1943
TR.P(C) NO. 202 OF 2021
AGAINST THE ORDER/JUDGMENT IN OP 261/2021 OF FAMILY
COURT,ERNAKULAM
PETITIONER/RESPONDENT IN O.P.:
MANJU JOSE
AGED 37 YEARS
D/O. JOSEPH, PENDANATH,
PALLIPPADY, KORUTHODE P.O.,
KOTTAYAM, KERALA-686 513.
BY ADVS.
KOSHY GEORGE
SRI.K.M.JAMALUDHEEN
SMT.LATHA PRABHAKARAN
RESPONDENT/PETITIONER IN O.P.:
JIJO JACOB
AGED 42 YEARS
S/O.K.E.CHACKO,
KOIPURATHU HOUSE,
VENKURINJI P.O.,
PATHANAMTHITTA DISTRICT,
PIN-686 510,
NOW RESIDING AT PULIKANTHANATH HOUSE,
AMBEDKAR ROAD, VENNALA P.O., ERNAKULAM-682 028
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.12.2021, ALONG WITH TR.P(C).199/2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Tr.P(C) Nos.199/2021 & 202/2021]
3
VIJU ABRAHAM (J)
------------------------------------
Tr.P(C) Nos.199/2021 & 202/2021
--------------------------------------
Dated this the 28th day of December, 2021
ORDER
Tr.P(C).No.199/2021 is filed by the respondent in
G.O.P.No.527/2021 on the file of Family Court, Ernakulam and
Tr.P(C).No.202/2021 is filed by the respondent in
O.P.No.261/2021 pending before the Family Court, Ernakulam.
G.O.P.No.527/2021 is one filed regarding the custody of two
minor children, whereas O.P.No.261/2021 is filed seeking a
decree of divorce. The petitioner in these transfer petitions
seeks for a transfer of G.O.P.No.527/2021 and O.P.No.261/2021,
which are pending before the Family Court, Ernakulam to the
Family Court, Pala.
2. It is contended by the petitioner that, she is a
permanent resident of Koruthode in Kottayam district and she is
finding it difficult to travel to the Family Court, Ernakulam
along with her two minor children and it is four hours travel
from her native place to the Family Court, Ernakulam. It is
further averred that, petitioner has filed MC.No.55/2020 before
the Judicial First Class Magistrate Court, Kanjirappilly under
Tr.P(C) Nos.199/2021 & 202/2021]
the provisions of the Protection of Women from Domestic
Violence Act and that the respondent have entered appearance
in the said case and is appearing before the Judicial First Class
Magistrate Court, Kanjirappilly. It is settled law that
convenience of the wife is to be preferred over the convenience
of the husband in transfer petition in matrimonial disputes.
Further, the counsel appearing for the respondent in both
these transfer petitions submitted that the respondent has no
objection in transferring the cases to the Family Court, Pala.
3. Taking all these aspect to the consideration, it is
ordered that, G.O.P.No. 527/2021 and O.P.No.261/2021 pending
on the file of the Family Court, Ernakulam be transferred to
Family Court, Pala. The Family Court, Ernakulam is hereby
directed to forward all records in both the above cases
immediately to the Family Court, Pala. The parties are directed
to appear before the Family Court, Pala on 25.01.2022.
With the above direction, these Transfer Petitions will
stand allowed.
Sd/-
VIJU ABRAHAM
JUDGE
SPV
Tr.P(C) Nos.199/2021 & 202/2021]
APPENDIX OF TR.P(C) 199/2021
PETITIONER'S ANNEXURES
ANNEXURE-1 TRUE COPY OF G.O.P.NO.527/2021 ON THE
FILE OF THE FAMILY COURT, ERNAKUAM
ANNEXURE-2 TRUE COPY OF O.P.NO.261/2021 ON THE FILE
OF THE FAMILY COURT, ERNAKUAM
RESPONDENTS EXHIBIT'S : NIL
//TRUE COPY//
PA TO JUDGE
Tr.P(C) Nos.199/2021 & 202/2021]
APPENDIX OF TR.P(C) 202/2021
PETITIONER'S ANNEXURES
ANNEXURE-1 TRUE COPY OF G.O.P.NO.527/2021 ON THE
FILE OF THE FAMILY COURT, ERNAKUAM
ANNEXURE-2 TRUE COPY OF O.P.NO.261/2021 ON THE FILE
OF THE FAMILY COURT, ERNAKUAM
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY//
PA TO JUDGE
