Citation : 2024 Latest Caselaw 14526 Ker
Judgement Date : 31 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
TR.P(C) NO. 305 OF 2024
AGAINST THE ORDER/JUDGMENT IN OP NO.391 OF 2024 OF
FAMILY COURT, ALAPPUZHA
PETITIONER/PETITIONER:
SANDHYA JACOB
AGED 38 YEARS, D/O. JACOB JOSEPH, FLAT NO 7 D,
VENDRAPPILLIL ENCLAVE POTTAYIL TEMPLE BUS STOP,
EROOR ROAD, TRIPUNITHRA,
ERNAKULAM., PIN - 682306
BY ADV ASHA BABU
RESPONDENT/RESPONDENT:
ABESON JACOB
AGED 46 YEARS, S/O. P. V CHACKO,
VANIAMKARY HOUSE, CMC 12, CHERTHALA P.O.,
ALAPPUZHA DISTRICT,
(PRESENTLY WORKING AT LT COL ABESON JACOB,
1 EME CENTRE SECUNDERABAD,
C/O 56 APO), PIN - 688524
BY ADV VISHNURAJ
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.05.2024, ALONG WITH Tr.P(C).307/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Tr.P.(C) Nos. 305 & 307 of 2024
..2..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
TR.P(C) NO. 307 OF 2024
AGAINST THE ORDER/JUDGMENT IN OP NO.390 OF 2024 OF
FAMILY COURT, ALAPPUZHA
PETITIONER/PETITIONER:
SANDHYA JACOB
AGED 38 YEARS, D/O. JACOB JOSEPH,
FLAT NO 7 D, VENDRAPPILLIL ENCLAVE POTTAYIL
TEMPLE BUS STOP, EROOR ROAD,
TRIPUNITHRA, ERNAKULAM., PIN - 682306
BY ADV ASHA BABU
RESPONDENT/RESPONDENT:
ABESON JACOB
AGED 46 YEARS, S/O. P. V CHACKO,
VANIAMKARY HOUSE, CMC 12,
CHERTHALA P.O., ALAPPUZHA DISTRICT,
(PRESENTLY WORKING AT LT COL ABESON JACOB,
1 EME CENTRE SECUNDERABAD,
C/O 56 APO), PIN - 688524
BY ADV VISHNURAJ
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.05.2024, ALONG WITH Tr.P(C).305/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Tr.P.(C) Nos. 305 & 307 of 2024
..3..
ORDER
Both these transfer petitions have been filed to transfer
O.P.No.390/2024 and O.P.No.391/2024 pending before the Family Court,
Alappuzha to the Family Court, Ernakulam.
2. I have heard the learned counsel for the petitioner as well as
the learned counsel for the respondent.
3. The petitioner is the wife and the respondent is the husband.
The transfer has been sought on the ground that the petitioner wife is
residing at Ernakulam. It is not in dispute that the petitioner is residing at
Ernakulam. The respondent is now working at Secunderabad. It is settled
that while considering the transfer petition involving matrimonial
disputes, the convenience of the wife has to be given predominance.
Taking into account all these aspects, both these transfer petitions
are allowed. O.P.No.390/2024 and O.P.No.391/2024 pending before the
Family Court, Alappuzha are withdrawn and transferred to the Family
Court, Ernakulam for trial and disposal.
Sd/-
DR. KAUSER EDAPPAGATH, JUDGE APA Tr.P.(C) Nos. 305 & 307 of 2024
..4..
APPENDIX OF TR.P(C) 305/2024
PETITIONER ANNEXURES
ANNEXURE A 1 TRUE COPY OF OP NO 391OF 2024 DATED 23.03.2024 FILED BEFORE THE HON'BLE FAMILY COURT, ALAPPUZHA
ANNEXURE A 2 TRUE COPY OF THE RENTAL AGREEMENT OF THE PETITIONER DATED 3/4/2024 Tr.P.(C) Nos. 305 & 307 of 2024
..5..
APPENDIX OF TR.P(C) 307/2024
PETITIONER ANNEXURES
ANNEXURE 1 TRUE COPY OF OP NO 390 OF 2024 DATED 23.03.2024 FILED BEFORE THE HON'BLE FAMILY COURT, ALAPPUZHA
ANNEXURE 2 TRUE COPY OF THE RENTAL AGREEMENT OF THE PETITIONER DATED 3/4/2024
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