Simi Joseph vs Jithesh Sunny C
2021 Latest Caselaw 13243 Ker

TR.P(C) NO. 280 OF 2021


                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                          THE HONOURABLE MR.JUSTICE V.G.ARUN
           THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
                               TR.P(C) NO. 280 OF 2021
AGAINST THE ORDER/JUDGMENT IN OP 818/2019 OF FAMILY COURT, MUVATTUPUZHA,
                                      ERNAKULAM
PETITIONER:

              SIMI JOSEPH
              AGED 40 YEARS
              W/O. JITHESH SUNNY C, CHENNOTHUMALIL HOUSE, KOTTAPPADY P.O,
              KOTHAMANGALAM, ERNAKULAM-686 692.
              BY ADV K.V.SABU


RESPONDENT:

              JITHESH SUNNY C.
              AGED 43 YEARS
              S/O. LATE SUNNY, CHERUVATHOOR HOUSE, KUREEKKAD P.O,
              THIRUVANKULAM, ERNAKULAM-682 305.

THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 TR.P(C) NO. 280 OF 2021
                                      2




                                 ORDER

Dated this the 24th day of June 2021

The martial discord between the petitioner wife and

the respondent husband has resulted in the petitioner

filing O.P.Nos.818/2019, 764/2019 and M.C.No. 6/2019

before the Family Court, Muvattupuzha. In turn, the

respondent has filed O.P.No.206/2020 before the Family

Court, Ernakulam.

2. The prayer in this petition is for transfer of

O.P.No.818/2019 filed by the petitioner from the Family

Court, Muvattupuzha to the Family Court, Ernakulam,

where the petition for restitution of conjugal rights is

pending.

3. I have heard Sri. K V Sabu, learned Counsel for

the petitioner and Sri. Savie Varghese, learned Counsel

for the respondent. Learned Counsel for the petitioner

submitted that all cases, other than O.P.No.818/2019 has

already been transferred to the Family Court, Ernakulam

and that, O.P.No.818/2019 having been filed by the

petitioner seeking divorce and O.P.No.206/2020 by the TR.P(C) NO. 280 OF 2021

respondent seeking restitution of conjugal rights, it is

highly essential to have joint trial of the case. No serious

objection is raised by the learned Counsel for the

respondent against transferring the case from Family

Court, Muvattupuzha to Family Court, Ernakulam.

I am convinced with the reasons stated in the

transfer petition and accordingly, the transfer petition is

allowed, O.P.No.818/2019 pending on the files of the

Family Court, Muvattupuzha shall stand transferred to

Family Court, Ernakulam forthwith.

Sd/-

V.G.ARUN

JUDGE NB/24.6.21 TR.P(C) NO. 280 OF 2021

APPENDIX OF TR.P(C) 280/2021

PETITIONER'S EXHIBITS

ANNEXURE A1 A COPY OF THE O.P. NO. 818/19 PENDING BEFORE THE HON'BLE FAMILY COURT, MUVATTUPUZHA.

RESPONDENT'S EXHIBITS : NIL

True Copy P.A. to Judge