Mariam Joseph vs Mikhail George
2021 Latest Caselaw 10799 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

              THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

     TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943

                       Tr.P(C).No.386 OF 2019

   FOR TRANSFERRING THE OP 1860/2018 PENDING BEFORE THE FAMILY
         COURT,TRIVANDRUM TO THE FAMILY COURT, ERNAKULAM


PETITIONER:

              MARIAM JOSEPH,
              AGED 43 YEARS
              D/O.ANNAMMA JOSEPH,UMRA-13,PARACKAL HOUSE,
              MAANATHUPADOM ROAD,CHAMGAMPUZHA
              NAGAR.P.O,UNNICHIRA,EDAPALLY,COCHIN-33.

              BY ADV. SMT.BINDU SREEKUMAR

RESPONDENT:

              MIKHAIL GEORGE,
              AGED 46 YEARS
              S/O.GEORGE LUKOSE(LATE),RESIDING AT TC 9/340,
              JNWA-L 10,JAWAHAR NAGAR,SASTHAMANGALAM.P.O,PIN-695
              010.


     THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Tr.P(C).No.386 OF 2019

                                       2




                                  JUDGMENT

Dated this the 30th day of March 2021

The petitioner in this Transfer Petition is the wife,

who is the respondent in O.P. 1860/2018 pending before

the Family Court, Thiruvananthapuram. The above O.P. was

filed by the husband respondent herein. The request made

by the petitioner is for transfer of O.P. from Family Court,

Thiruvananthapuram to Family Court, Ernakulam.

2. She is permanently settled in Ernakulam. Her

contention is she is not in a position to travel from

Ernakulam to Thiruvananthapuram, to contest the

proceedings pending before the Family Court,

Thiruvananthapuram. According to her, she has no body to

accompay and further she has to take care of her child and

aged parents. Though notice was issued to respondent, he

did not appear in file any counter opposed in transfer.

3. Having regard to materials placed on records, I

am satisfied that request made by the petitioner for transfer

is lawful and reasonable.

Tr.P(C).No.386 OF 2019

In the result, this transfer petition is allowed and

O.P. 1860/2018 is withdrawn from the Family Court,

Thiruvananthapuram and made over to Family Court,

Ernakulam. The transferee Court shall on receipt of the

records, fix an early date for appearance of the parties and

issue notice to them.

Sd/-

T.V.ANILKUMAR JUDGE

SMF Tr.P(C).No.386 OF 2019

APPENDIX PETITIONERS' EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE ORIGINAL PETITION IN O.P.NO.1860/18 ON THE FILE OF THE FAMILY COURT, THIRUVANANTHAPURAM DATED 05.08.2018.

//TRUE COPY// PA TO JUDGE