Kerala High Court
Rosmi Thomas vs Jinu Joseph on 8 June, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
TUESDAY, THE 8TH DAY OF JUNE 2021 / 18TH JYAISHTA, 1943
TR.P(C) NO. 120 OF 2021
AGAINST THE ORDER/JUDGMENT IN OP 875/2020 OF FAMILY COURT,
KOTTAYAM, KOTTAYAM
PETITIONERS/RESPONDENTS:
1 ROSMI THOMAS
D/O.N.S.THOMAS, NEDUVILEPARAMBIL, CHEMPUPURAM P.O.,
NEDUMUDY VILLAGE, ALAPPUZHA-688 505.
2 RAYAN,
AGED 9 YEARS
S/O.JINU JOSEPH, MINOR, REPRESENTED BY HIS MOTHER
ROSMI THOMAS, RESIDING AT NEDUVILEPARAMBIL,
CHEMPUPURAM P.O., NEDUMUDY VILLAGE, ALAPPUZHA-688
505.
BY ADVS.
K.S.HARIHARAPUTHRAN
SMT.BHANU THILAK
RESPONDENT/PETITIONER:
JINU JOSEPH,
S/O.JOSEPH, NEDIAKALAPARAMBIL, CHETHIPUZHA VILLAGE,
CHEERANCHIRA P.O., CHANGANASSERRY, KOTTAYAM-686
106.
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TR.P(C) NO. 120 OF 2021
2
R. NARAYANA PISHARADI, J
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Tr.P.C.No. 120 of 2021
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Dated this the 08th day of June, 2021
ORDER
This is an application for transferring the case O.P
No.875/2020 from the Family Court, Ettumanoor to the Family
Court, Alappuzha.
2. The first petitioner is the wife of the respondent and the
second petitioner is their child. The first petitioner has instituted
M.C.No.26/2019 in the Family Court, Alappuzha for granting an
order of maintenance. She has also filed O.P.No.262/2019 in the
Family Court, Alappuzha for recovering of money and gold
ornaments from the respondent. It is stated that the respondent
has appeared in both the above cases and filed counter statement in
those cases.
3. The case O.P.No.875/2020 is one instituted by the
respondent against the first petitioner for restitution of conjugal
rights.
TR.P(C) NO. 120 OF 2021
4. It is stated in the petition that the petitioner is now
residing in her house with her parents at Alappuzha and it would be
difficult for her to travel from Alappuzha to Ettumanoor to attend
the proceedings in O.P.No.875/2020 on all posting dates.
Therefore, it is prayed that the case O.P.No.875/2020 may be
transferred to the Family Court, Alappuzha.
5. Notice has been served on the respondent but he has not
entered appearance. Heard the learned counsel for the petitioners.
6. It is a settled principle that, in matrimonial cases, the
convenience of the wife has to be given preference in deciding the
transfer of a case. Moreover, the respondent has not chosen to
appear and raise any objection to the application for transfer. In
these circumstances, I am inclined to allow the prayer made in this
application for transfer.
7. Consequently, the petition is allowed. The case
O.P.No.875/2020 pending in the Family Court, Ettumanoor is
transferred to the Family Court, Alappuzha. The Judge, Family
Court, Ettumanoor shall forward the records of the case in
O.P.No.875/2020 to the Family Court, Alappuzha, after giving notice
to the parties with regard to their appearance in the Family Court,
TR.P(C) NO. 120 OF 2021
Alappuzha.
Sd/-R. NARAYANA PISHARADI
JUDGE
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TR.P(C) NO. 120 OF 2021
APPENDIX OF TR.P(C) 120/2021
PETITIONER EXHIBITS
ANNEXURE A1 TRUE COPY OF THE MC NO.26/2019 DATED
15.03.2019 OF THE FAMILY COURT, ALAPPUZHA.
ANNEXURE A2 TRUE COPY OF THE ORDER OF THE FAMILY
COURT, ALAPPUZHA DATED 27.12.2019 IN
CRL.MP 73/2019 IN MC NO.26/2019.
ANNEXURE A3 TRUE COPY OF THE OBJECTION FILED BY THE
RESPONDENT DATED 09.03.2020 IN MC 26/2019.
ANNEXURE A4 TRUE COPY OF THE OP(OS) NO.262/2019 DATED
15.03.2019 BEFORE THE FAMILY COURT,
ALAPPUZHA.
ANNEXURE A5 TRUE COPY OF THE WRITTEN STATEMENT FILED
BY THE RESPONDENT IN OP(OS) NO.262/2019
BEFORE THE FAMILY COURT, ALAPPUZHA.
ANNEXURE A6 TRUE COPY OF OP NO.875/2020 DATED
03.11.2020 OF THE FAMILY COURT,
ETTUMANOOR.
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
LSN
