Reena Samuel vs Joseph Joseph
2022 Latest Caselaw 6096 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE MR.JUSTICE BASANT BALAJI
      WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
                          TR.P(C) NO. 517 OF 2021
  AGAINST THE ORDER/JUDGMENT IN OP 387/2021 OF FAMILY COURT, PALA
PETITIONER/S:

           REENA SAMUEL
           AGED 39 YEARS
           D/O. RAJAMMA, RANI BHAVAN, PANAMBATTA, AVANEESWARAM
           P.O, PIDAVOOR VILLAGE, PATHANAPURAM TALUK,
           KOLLAM DISTRICT.

           BY ADVS.
           K.V.ANIL KUMAR
           SWAPNA VIJAYAN



RESPONDENT/S:

           JOSEPH JOSEPH
           S/O. JOSEPH, ANAKKUNNEL VEEDU, ALAPRA P.O, MANIMALA
           VILLAGE, KANJIRAPPALLY TALUK,
           THROUGH HIS POWER OF ATTORNEY HOLDER, SRI. VARGHESE, AGED
           41 YEARS, S/O. JOSEPH, AAKKAKUNNEL VEEDU, CHUNKAPPARA P.O,
           KOTTANGAL VILLAGE, MALLAPPALLY TALUK, PIN - 686547.

           BY ADVS.
           ADV. K.V ANIL KUMAR
           ADV. SWAPNA VIJAYAN
           ADV ANZAR BASHEER




      THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 TR.P(C) 517/2021
                                  -2-




                               ORDER

The wife has filed this Transfer Petition seeking transfer of

OP No.387 of 2021 pending before the Family Court, Pala to the

Family Court, Kottarakkara.

2. The marriage between the petitioner and the

respondent was solemnized on 12.01.2015 under the Special

Marriage Act and a customary marriage was also conducted on

01.11.2015. When the respondent neglected to maintain the

petitioner, she filed MC No.176/2021 before the Family Court,

Kottarakkara for getting maintenance for her. She also filed O.P

(Others) No.218/2021 before the Family Court, Kottarakkara for

realisation of money and gold ornaments from the respondent.

The respondent/husband filed OP No.387 of 2021 against the

petitioner before the Family Court, Pala for getting a divorce.

3. The contention raised by the petitioner is that the

distance from the petitioner's residence to the Family Court, Pala

is more than 100 km; whereas, the Family Court, Kottarakkara is TR.P(C) 517/2021

less than 15 km from her residence.

4. The counsel for the respondent submits that he has no

objection to transferring the case from the Family Court, Pala to

the Family Court, Kottarakkara.

Recording the said submission, this Transfer Petition is

allowed. OP No.387 of 2021 pending before the Family Court, Pala

is withdrawn and transferred to the Family Court, Kottarakkara.

The parties are directed to appear before the Family Court,

Kottarakkara on 20.06.2022.

Sd/- BASANT BALAJI JUDGE

JS TR.P(C) 517/2021

APPENDIX OF TR.P(C) 517/2021

PETITIONER ANNEXURES

Annexure A A TRUE COPY OF THE O.P(OTHERS) NO.218/2021 ON THE FILE OF THE FAMILY COURT, KOTTARAKARA.

Annexure B A TRUE COPY OF THE OP NO. 387/2021 ON THE FILE OF THE FAMILY COURT, PALA.