Kerala High Court
Sheela Sebastian vs Biju Joseph on 6 June, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
TR.P(C) NO. 243 OF 2024
AGAINST THE ORDER/JUDGMENT IN OP(DIV) NO.1035 OF 2022 OF
FAMILY COURT, MUVATTUPUZHA
PETITIONER/PETITIONER IN O.P.(DIV):
SHEELA SEBASTIAN
AGED 46 YEARS, D/O. SEBASTIAN KURIAN,
NEERIYANICKAL HOUSE, MUTHOLI P.O.,
PALA, KOTTAYAM DISTRICT 686573,
NOW RESIDING AT 2/32 EDAVETTY PANCHAYAT,
KARIKODE VILLAGE, THODUPUZHA, PIN - 685588
BY ADVS.
V.K.BALACHANDRAN
AMRUTHA P.S.
RESPONDENT/RESPONDENT IN O.P.(DIV):
BIJU JOSEPH
AGED 49 YEARS, S/O MATHAI JOSEPH,
VALIYAPUTHENPURAYIL HOUSE, NAKAPUZHA P.O.,
KALLOORKAD, MANJALLOOR VILLAGE,
MUVATTUPUZHA TALUK,
ERNAKULAM DISTRICT, PIN - 686668
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.06.2024, ALONG WITH Tr.P(C).245/2024,
246/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Tr.P.(C) Nos. 243, 245 & 246 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
TR.P(C) NO. 245 OF 2024
AGAINST THE ORDER/JUDGMENT IN OP(GW) NO.996 OF 2022 OF
FAMILY COURT, MUVATTUPUZHA
PETITIONER/PETITIONER IN O.P.(G & W):
SHEELA SEBASTIAN
AGED 46 YEARS, D/O. SEBASTIAN KURIAN,
NEERIYANICKAL HOUSE, MUTHOLI P.O., PALA,
KOTTAYAM DISTRICT- 686573,
NOW RESIDING AT 2/32
EDAVETTY PANCHAYAT, KARIKODE VILLAGE,
THODUPUZHA, PIN - 685588
BY ADVS.
V.K.BALACHANDRAN
AMRUTHA P.S.
K.N.SREEDEVI
RESPONDENT/RESPONDENT IN O.P.(G & W):
BIJU JOSEPH
AGED 49 YEARS, S/O MATHAI JOSEPH,
VALIYAPUTHENPURAYIL HOUSE, NAKAPUZHA P.O.,
KALLOORKAD, MANJALLOOR VILLAGE,
MUVATTUPUZHA TALUK,
ERNAKULAM DISTRICT, PIN - 686668
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.06.2024, ALONG WITH Tr.P(C).243/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Tr.P.(C) Nos. 243, 245 & 246 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
TR.P(C) NO. 246 OF 2024
AGAINST THE ORDER/JUDGMENT IN OP(RM) NO.8 OF 2023 OF
FAMILY COURT, MUVATTUPUZHA
PETITIONER/PETITIONER IN O.P.(RM):
SHEELA SEBASTIAN
AGED 46 YEARS, D/O. SEBASTIAN KURIAN,
NEERIYANICKAL HOUSE, MUTHOLI P.O., PALA,
KOTTAYAM DISTRICT- 686573,
NOW RESIDING AT 2/32 EDAVETTY PANCHAYAT,
KARIKODE VILLAGE, THODUPUZHA, PIN - 685588
BY ADVS.
V.K.BALACHANDRAN
AMRUTHA P.S.
K.N.SREEDEVI
RESPONDENT/RESPONDENT IN O.P.(RM):
BIJU JOSEPH
AGED 49 YEARS, S/O MATHAI JOSEPH,
VALIYAPUTHENPURAYIL HOUSE, NAKAPUZHA P.O.,
KALLOORKAD, MANJALLOOR VILLAGE, MUVATTUPUZHA
TALUK, ERNAKULAM DISTRICT, PIN - 686668
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.06.2024, ALONG WITH Tr.P(C).243/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Tr.P.(C) Nos. 243, 245 & 246 of 2024
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ORDER
All these transfer petitions are between the same parties. These
transfer petitions have been filed to transfer O.P.(DIV) No.1035/2022,
O.P.(G&W) No.996/2022 and O.P.(RM) No.8/2023 pending before the
Family Court, Muvattupuzha to the Family Court, Thodupuzha.
2. I have heard the learned counsel for the petitioner. There is
no appearance for the respondent.
3. The petitioner is the wife and respondent is the husband. All
the above mentioned original petitions have been filed by the petitioner
against the respondent. It is submitted that, now the petitioner got
employment at Thodupuzha and she is residing along with her minor
child at Thodupuzha. It is also stated that the child is studying in the
school at Thodupuzha. Moreover, the respondent is residing 8 km away
from Thodupuzha. In these circumstances, I am of the view that the
transfer sought can be allowed.
Hence, all these transfer petitions are allowed. O.P.(DIV)
No.1035/2022, O.P.(G&W) No.996/2022 and O.P.(RM) No.8/2023
pending before the Family Court, Muvattupuzha are withdrawn and
transferred to the Family Court, Thodupuzha for trial and disposal.
Sd/-
DR. KAUSER EDAPPAGATH,
JUDGE
APA
Tr.P.(C) Nos. 243, 245 & 246 of 2024
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APPENDIX OF TR.P(C) 243/2024
PETITIONER ANNEXURES
ANNEXURE I TRUE COPY OF O.P. (DIV) NO.1035/2022 ON THE
FILE OF FAMILY COURT, MUVATTUPUZHA DATED NIL
ANNEXURE 2 TRUE COPY OF THE CERTIFICATE OF EMPLOYMENT
ISSUED BY PRINCIPAL, HOLY FAMILY COLLEGE OF
NURSING, IDUKKI DISTRICT TO THE PETITIONER
DATED 14.03.2024
ANNEXURE 3 TRUE COPY OF THE RENT DEED DATED 16.05.2023
EXECUTED BETWEEN PETITIONER AND MR. MADHU
SREEDHARAN
ANNEXURE 4 TRUE COPY OF THE BONAFIDE CERTIFICATE
NO.DPPS/CER/31/2023 DATED 22.02.2024 ISSUED
BY PRINCIPAL, DE PAUL PUBLIC SCHOOL,
THODUPUZHA IN THE NAME OF JOANNA BIJU JOSEPH
Tr.P.(C) Nos. 243, 245 & 246 of 2024
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APPENDIX OF TR.P(C) 245/2024
PETITIONER ANNEXURES
ANNEXURE I TRUE COPY OF O.P. (G&W) NO.996/2022 ON THE
FILE OF FAMILY COURT, MUVATTUPUZHA DATED
7.10.2022
ANNEXURE 2 TRUE COPY OF THE CERTIFICATE OF EMPLOYMENT
ISSUED BY PRINCIPAL, HOLY FAMILY COLLEGE OF
NURSING, IDUKKI DISTRICT TO THE PETITIONER
DATED 14.03.2024
ANNEXURE 3 TRUE COPY OF THE RENT DEED DATED 16.05.2023
EXECUTED BETWEEN PETITIONER AND MR. MADHU
SREEDHARAN
ANNEXURE 4 TRUE COPY OF THE BONAFIDE CERTIFICATE
NO.DPPS/CER/31/2023 DATED 22.02.2024 ISSUED
BY PRINCIPAL, DE PAUL PUBLIC SCHOOL,
THODUPUZHA IN THE NAME OF JOANNA BIJU JOSEPH
Tr.P.(C) Nos. 243, 245 & 246 of 2024
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APPENDIX OF TR.P(C) 246/2024
PETITIONER ANNEXURES
ANNEXURE I TRUE COPY OF THE O.P. (RM) NO.8/2023 ON THE
FILE OF FAMILY COURT, MUVATTUPUZHA DATED
29.12.2022
ANNEXURE 2 TRUE COPY OF THE CERTIFICATE OF EMPLOYMENT
ISSUED BY PRINCIPAL, HOLY FAMILY COLLEGE OF
NURSING, IDUKKI DISTRICT TO THE PETITIONER
DATED 14.03.2024
ANNEXURE 3 TRUE COPY OF THE RENT DEED DATED 16.05.2023
EXECUTED BETWEEN PETITIONER AND MR. MADHU
SREEDHARAN
ANNEXURE 4 TRUE COPY OF THE BONAFIDE CERTIFICATE
NO.DPPS/CER/31/2023 DATED 22.02.2024 ISSUED
BY PRINCIPAL, DE PAUL PUBLIC SCHOOL,
THODUPUZHA IN THE NAME OF JOANNA BIJU
JOSEPH
