Sibi Thomas vs Thomaskutty Scaria
2021 Latest Caselaw 20925 Ker

       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
              THE HONOURABLE MR.JUSTICE K. BABU
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021/14TH ASWINA, 1943
                   TR.P(C) NO. 832 OF 2019
 AGAINST THE JUDGMENT IN OP 556/2019 OF FAMILY COURT,
                     ALAPPUZHA, ALAPPUZHA
PETITIONER:

            SIBI THOMAS,
            AGED 48 YEARS
            D/O. V. V. THOMAS, NALPATHILCHIRA, PONGA P.
            O., KAINAKARY VILLAGE, ALAPPUZHA - 688 512,
            NOW RESIDING AT C/O. SHAJAN THOMAS, DR. B. R.
            AMBEDKAR INSTITUTE OF TECHNOLOGY, POLY TECHNIC
            ROAD, PAHARGAON, JUNGHAGHAT POTBLAIR, ANDAMAN
            AND NICOBAR ISLAND - 744 103.
            BY ADV MANJU ANTONEY


RESPONDENT:

            THOMASKUTTY SCARIA,
            AGED 52 YEARS
            S/O. OUSEPH SCARIA, NALPATHIL CHIRA, KAINAKARI
            VILLAGE, PONGA P. O., ALAPPUZHA DISTRICT, PIN
            - 688 512.

     THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION    ON   06.10.2021,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 Tr.P.C.No.832/2019                             2

                                K.BABU, J.
             ===========================
                     Tr.P.(C) No.832 of 2019
             ===========================
                 Dated this the 6th day of October, 2021

                                    ORDER

The petitioner, wife seeks transfer of O.P.No.556 of 2019

pending before the Family Court, Alappuzha to Family Court,

Ernakulam.

2. Notice was served on the respondent, husband. There is no

appearance. The respondent instituted O.P.No.556 of 2019 before the

Family Court, Alappuzha seeking divorce under Section 10(IX) and (X)

of the Indian Divorce Act. The petitioner is presently residing at

Andaman and Nicobar Islands. Journey from Andaman and Nicobar

Islands to Alappuzha is very tedious. The petitioner submits that

attending the proceedings before the Family Court at Ernakulam is

comparatively easy. Another original petition, O.P.No.88 of 2017 filed

by the respondent/husband seeking restitution of conjugal rights was

ordered to be transferred from Family Court, Alappuzha to Family

Court, Ernakulam as per order dated 06.04.2018 in Tr.P.C.No.163 of

2018 by this Court.

3. Considering the entire facts and circumstances, I am of the

opinion that the transfer, as sought for, can be granted.

4. In the result, the Transfer Petition (Civil) is allowed.

O.P.No.556 of 2019 pending before the Family Court, Alappuzha is

ordered to be transferred to Family Court, Ernakulam.

Sd/-

K.BABU, JUDGE lgk

APPENDIX OF TR.P(C) 832/2019

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF (RELEVANT PAGES) O.P.

(DIVORCE) NO.556/2019 DATED 25.6.2019.

EXHIBIT P2 TRUE COPY OF SUMMONS DATED 30.8.2019 (O.P.NO.556/19) ISSUED BY THE FAMILY COURT, ALAPPUZHA.

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 6.4.2018 IN TR.P.C.153/2018.

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 9.3.2018 IN I.A.NO.584/18 IN TR.P(C)153/2018.