Kerala High Court
Josna Antony vs Tony Stephen on 11 June, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
TR.P(C) NO. 910 OF 2023
AGAINST THE ORDER/JUDGMENT IN OP NO.1110 OF 2022 OF
FAMILY COURT, ALAPPUZHA
PETITIONER/RESPONDENT:
TONY STEPEHEN
AGED 32 YEARS
SON OF SRI. STEPHEN ESTHAPAN
KANAYIL KODIKKUNNEL HOUSE,
THRIKKODITHANAM P.O., CHANGANACHERRY TALUK,
KOTTAYAM DISTRICT, KERALA,
PRESENTLY RESIDING AT KANAYIL HOUSE,
PURAKKAD P.O., PURAKKAD VILLAGE,
AMBALAPPUZHA TALUK,
ALAPPUZHA DISTRICT, KERALA, PIN - 688561
BY ADV LUKE J CHIRAYIL
RESPONDENT/PETITIONER:
JOSNA ANTONY
AGED 28 YEARS
DAUGHTER OF MATHEW ANTONY,
MADAPPURACKAL HOUSE, KODUPPUNNA,
ALAPPUZHA DISTRICT, KERALA, PIN- 689595,
PRESENTLY RESIDING AT MADAPPURACKAL HOUSE,
MALAKUNNAM P.O., ITHITHANAM,
KOTTAYAM DISTRICT, KERALA, PIN - 686535
BY ADVS.
JOMY GEORGE
R.PADMARAJ(K/191/1989)
M.J.BENNY(K/1145/2003)
R.AJITH KUMAR [V.K.EDOM](K/000629/2016)
SAJEEVAN V.T.(K/202/1989)
CHITRA N. DAS(K/001228/2018)
RISHAB S.(K/000757/2019)
RONA ANN SIBY(K/002751/2022)
ASWIN ASHOK V.(K/00000115/2023)
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.06.2024, ALONG WITH Tr.P(C).100/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Tr.P.(C) Nos. 910/2023 & 100/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
TR.P(C) NO. 100 OF 2024
AGAINST THE ORDER/JUDGMENT IN OPDIV NO.1015 OF 2022
OF FAMILY COURT, KOTTAYAM
PETITIONER/RESPONDENT:
JOSNA ANTONY
AGED 29 YEARS
D/O MATHEW ANTONY,
MADAPPURAKKAL,KODUPPUNNA,
ALAPPUZHA DISTRICT, PIN - 686535
BY ADVS.
JOMY GEORGE
R.PADMARAJ
M.J.BENNY
R.AJITH KUMAR [V.K.EDOM]
SAJEEVAN V.T.
CHITRA N. DAS
RISHAB S.
RONA ANN SIBY
ASWIN ASHOK V.
RESPONDENT/PETITIONER:
TONY STEPHEN
AGED 33 YEARS, S/O STEPHEN @ ESTHAPPAN,
KAANAAYIL HOUSE, PURAKKADU P.O,
ALAPPUZHA DISTRICT,
NOW WORKING AT TRITOC ENGINEERING SERVICES &
TRADING LLC P.O BOX:590,
MISFAH INDUSTRIAL AREA,
PLOT NO.5502, BLOCK-2,
BAUSHAR MUSCAT-SULTANATE OF OMAN, PIN - 688561
BY ADV LUKE J CHIRAYIL
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.06.2024, ALONG WITH Tr.P(C).910/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Tr.P.(C) Nos. 910/2023 & 100/2024
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ORDER
Both these transfer petitions are connected. Tr.P.(C) No.910/2023
has been filed to transfer O.P.No.1110/2022 pending on the file of Family
Court, Alappuzha to the Family Court, Kottayam at Ettumanoor. Tr.P.(C)
No.100/2024 has been filed to transfer O.P.(Div.) No.1015/2022 pending
on the file of Family Court, Kottayam at Ettumanoor to the Family
Court, Alappuzha.
2. I have heard both sides.
3. O.P.No.1110/2022 has been filed by the wife against the
husband before the Family Court, Alappuzha. O.P.(Div.)No.1015/2022
has been filed by the husband against the wife before the Family Court,
Kottayam at Ettumanoor. Since both O.P.s are for divorce, filed by
husband and wife, it is just and proper that they are tried and disposed of
by the very same Court. The wife wants to transfer O.P.
(Div.)No.1015/2022 pending before the Family Court, Kottayam at
Ettumanoor to Family Court, Alappuzha. It is settled that while
considering the transfer petition involving matrimonial disputes, the
convenience of the wife has to be given predominance.
4. Hence, O.P.(Div.) No.1015/2022 pending on the file of
Family Court, Kottayam at Ettumanoor is withdrawn and transferred to
Tr.P.(C) Nos. 910/2023 & 100/2024
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the Family Court, Alappuzha to try along with O.P.No.1110/2022.
These transfer petitions are disposed of as above.
Sd/-
DR. KAUSER EDAPPAGATH,
JUDGE
APA
Tr.P.(C) Nos. 910/2023 & 100/2024
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APPENDIX OF TR.P(C) 910/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PETITION DATED 19.10.2022
NUMBERED AS O.P. NO. 1110 OF 2022 ON THE
FILES OF FAMILY COURT, ALAPPUZHA
EXHIBIT P2 TRUE COPY OF THE SUMMONS DATED 27.07.2023
IN O.P. NO. 1110 OF 2022 IN FORM NO. 1 ON
THE FILES OF FAMILY COURT, ALAPPUZHA
EXHIBIT P3 TRUE COPY OF THE CASE STATUS OF OP (DIV.)
NO. 1110 OF 2022 ON THE FILES OF FAMILY
COURT, ALAPPUZHA OBTAINED FROM E-COURTS
WEBSITE
EXHIBIT P4 TRUE COPY OF THE PETITION DATED 07.06.2022
NUMBERED AS DIV. O.P. NO. 1017 OF 2022 ON
THE FILES OF THE HON'BLE FAMILY COURT AT
ETTUMANOOR
RESPONDENT EXHIBITS
EXHIBIT R1(A) TRUE COPY OF THE RESPONDENT VOTERS ID CARD
NO. TNL0352591.
EXHIBIT R1(B) TRUE COPY OF THE ADHAR CARD NO.366962337739
OF THE RESPONDENT.
EXHIBIT R1(C) TRUE COPY OF THE DRIVING LICENSE
NO.33/1355/2016 OF THE RESPONDENT.
EXHIBIT R1(D) TRUE COPY OF THE FRONT PAGE OF THE PASSPORT
OF THE PETITIONER.
Tr.P.(C) Nos. 910/2023 & 100/2024
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APPENDIX OF TR.P(C) 100/2024
PETITIONER ANNEXURES
ANNEXURE 1 TRUE COPY OF THE DIV.O.P NO.1015 OF 2022
DATED 07.06.2022 FILED BY THE RESPONDENT
BEFORE THE HON'BLE FAMILY COURT,
ETTUMANOOR, AT KOTTAYAM
ANNEXURE 2 TRUE COPY OF THE O.P(OTHER)1103/2022 DATED
18.10.2022 FILED BY THE PETITIONER BEFORE
THE HON'BLE FAMILY COURT OF ALAPPUZHA
ANNEXURE 3 TRUE COPY OF THE OP(DIV) NO.1110/2022 DATED
19.10.2022 FILED BY THE PETITIONER BEFORE
THE HON'BLE FAMILY COURT, ALAPPUZHA
ANNEXURE 4 TRUE COPY OF THE PETITIONER'S VOTER'S ID
CARD NO. TNL 0352591.
ANNEXURE 5 TRUE COPY OF THE PETITIONER'S AADHAAR CARD
NO.366962337739
ANNEXURE 6 TRUE COPY OF THE PETITIONER'S DRIVER'S
LICENSE NO.33/1355/2016
