Rincymol K.K vs Sumit George
2021 Latest Caselaw 17905 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
    WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
                       TR.P(C) NO. 131 OF 2020
     AGAINST THE ORDER/JUDGMENT IN OP 1143/2019 OF FAMILY COURT,
                           PATHANAMTHITTA
PETITIONER/S/COUNTER PETITIONER:

           RINCYMOL K.K
           AGED 28 YEARS
           D/O.KURIAKOSE (LATE), KOLLAPARAMBIL HOUSE,
           PULINKUNNU.P.O., KUTTANAD, ALAPPUZHA-689504.

           BY ADV P.SHANES METHAR



RESPONDENT/S/PETITIONER:

           SUMIT GEORGE,
           AGED 35 YEARS, S/O.GEORGE, KAVILVEETTIL HOUSE,
           PAZHAKULAM.P.O., ADOOR, PATHANAMTHITTA-691523.


     THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 TR.P(C) NO. 131 OF 2020
                               2



                          JUDGMENT

The spouses are at loggerheads and the husband

preferred O.P.No.584 of 2018 before the Family Court,

Alappuzha under the Guardian and Wards Act. Thereafter,

he filed O.P.No.1143 of 2019 before the Family Court,

Pathanamthitta seeking a decree of divorce.

2. The petitioner/ wife is a permanent resident of

Pulinkunnu in Alappuzha District and is seeking transfer of

the original petition filed by the husband before the Family

Court, Pathanamthitta to the Family Court, Alappuzha.

3. Even though the respondent is served with notice,

there is no appearance on his behalf.

4. The respondent/husband having chosen to file an

original petition before the Family Court, Alappuzha in the

first instance, is not justified in dragging the wife to another TR.P(C) NO. 131 OF 2020

court by filing the subsequent original petition before the

Family Court, Pathanamthitta. Moreover, it will be

convenient for both parties to have the cases tried and

disposed by the same court.

In the result, the Tr.P.(C) No. 131 of 2020 is allowed.

O.P.No.1143 of 2019 on the files of the Family Court,

Pathanamthitta shall forthwith be transferred to the Family

Court, Alappuzha.

Sd/-

V.G.ARUN JUDGE RK TR.P(C) NO. 131 OF 2020

APPENDIX OF TR.P(C) 131/2020

PETITIONER'S ANNEXURE

ANNEXURE I A TRUE COPY OF THE OP.NO.1143/2019 ON THE FILE OF FAMILY COURT, PATHANAMTHITTA.

ANNEXURE II A TRUE COPY OF THE ORDER DATED 30.6.2018 IN IA.NO.1002/2018 IN O.P.584/2018 OF FAMILY COURT ALAPPUZHA.

RESPONDENT'S ANNEXURE