Kerala High Court
Sherin Treasa Paul vs Jomon John on 15 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
TR.P(C) NO. 225 OF 2021
OPDIV 909/2019 OF FAMILY COURT,ERNAKULAM
PETITIONER/S:
SHERIN TREASA PAUL
AGED 33 YEARS
D/O.P.PAUL,URUMPACKAL (HO),ANCHILIPPA,
KANJIRAPALLY,MANNARKAYAM.P.O, KOTTAYAM-686506.
BY ADVS.
SARITHA THOMAS
SMT.MEERA S RAJAN
RESPONDENT/S:
JOMON JOHN
S/O.T.R.JOHN,THAYYALACKAL HOUSE,ALUVA,
NOW RESIDING AT HOUSE NO.540 B/17,KUMARAPURAM
POST,KUNNATHUNADU PANCHAYATH,REPRESENTED BY THE
POWER OF ATTORNEY HOLDER,T.R.JOHN,AGED 61,NOW
RESIDING AT HOUSE NO.540 B/17,KUMARAPURAM
POST,KUNNATHUNADU PANCHAYATH-683565.
BY ADV JOSEPH T.JOHN
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.02.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Tr.P© 225/21
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ORDER
(Dated this the 15th day of February 2022)
This Transfer Petition is filed by the wife for
transferring O.P.(Div.) No.909 of 2019 pending before the
Family Court, Ernakulam to the Family Court, Pala.
2. Due to the matrimonial cruelty, the petitioner was
forced to leave the home of the respondent. She submits
that she is an unemployed lady and not able to maintain
herself. Her father is suffering from old age ailments and
cannot do any work. There is nobody to accompany her to
the Family Court, Ernakulam, which is around 90 km away
from her residence. The respondent has filed a counter
affidavit, which shows that he is represented by a power of
attorney holder. He also contended that the petitioner is
now doing Ph.D. in Karunya University, Coimbatore,
which is more than the travel distance to Ernakulam and
she is frequently travelling around 250 km from her
residence for education purpose and hence, the contention
that she is not able to travel around 90 km. to the Family
Tr.P© 225/21
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Court, Ernakulam, is not correct. Moreover, the
respondent has filed O.P.(F.C.) No.443 of 2020 before this
court seeking for speedy disposal of the case O.P. No.909
of 2019 and connected cases pending before the Family
Court, Ernakulam. A Division Bench of this court, on
25.3.2021, passed a common judgment, wherein it is stated
that the Division Bench has already taken a decision in O.P.
(F.C.) No.352 of 2020 and connected cases in which
guidelines have been issued regarding disposal of the
pending cases pending before the Family Court. O.P.(FC)
No.443 of 2020 was also disposed of in the light of the
decision of O.P.(F.C.) No.352 of 2020 and connected cases.
The apprehension of the respondent is that if this case is
transferred to the Family Court, Pala, there would be delay
in disposal of the case.
3. Since the Division Bench has already directed the
Family Court by a common judgment in O.P.(F.C) No.352
of 2020 for speedy disposal of the cases, I am of the view
that the apprehension of the respondent cannot hold good.
Tr.P© 225/21
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On going through Annexure A1, I am of the view that in
the interest of justice, this Transfer Petition can be allowed.
In the result, this Transfer Petition is allowed,
transferring O.P. No.909 of 2019 pending before the
Family Court, Ernakulam to the Family Court, Pala. The
Family Court, Ernakulam shall transfer the records to the
Family Court, Pala immediately and on receipt of the
records, the Family Court, Pala shall issue fresh notice to
the parties and dispose of the case, in accordance with law.
sd
BASANT BALAJI,
JUDGE
dl/
Tr.P© 225/21
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APPENDIX OF TR.P(C) 225/2021
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF O.P(DIV)909/2019 ON THE
FILES OF THE FAMILY COURT,ERNAKULAM.
RESPONDENTS ANNEXURES
ANNEXURE R1(a) TRUE COPY OF POWER OF ATTORNEY DATED
14.3.19
ANNEXURE R1(b) TRUE COPY OF JUDGMENT DATED 25.3.2021 IN
OP(FC) 443/2020 BEFORE HIGH COURT OF
KERLA
