Tinu Sebastian vs Jobish A.J
2024 Latest Caselaw 30441 Ker

Kerala High Court

Tinu Sebastian vs Jobish A.J on 25 October, 2024

Author: Sathish Ninan

Bench: Sathish Ninan

                                                         2024:KER:79472
             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

             THE HONOURABLE MR. JUSTICE SATHISH NINAN

                                 &

             THE HONOURABLE MR. JUSTICE JOHNSON JOHN

     FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946

                   TR.APPEAL(C) NO. 22 OF 2024

       AGAINST THE JUDGMENT DATED 08.10.2024 IN Tr.P(C) NO.428 OF

                   2024 OF HIGH COURT OF KERALA

                                 -----
APPELLANT/RESPONDENT:

          TINU SEBASTIAN,
          AGED 38 YEARS,
          D/O. SEBASTIAN, PLATHOTTATHIL HOUSE, VELLADU P.O.,
          ALAKODU VIA, ALAKODU VILLAGE, THALIPARAMBU TALUK,
          KANNUR DISTRICT, (NOW WORKING AT JERUSALEM, ISRAEL),
          REPRESENTED BY HER POWER OF ATTORNEY HOLDER AND FATHER
          SEBASTIAN @ P.D. JOY, AGED 68 YEARS, S/O. DEVASSIA,
          PLATHOTTATHIL HOUSE, VELLADU P.O., ALAKODU VIA, ALAKODU
          VILLAGE, THALIPARAMBU TALUK, KANNUR DISTRICT,
          PIN - 670571.

          BY ADVS.
          BOBBY RAPHEAL.C
          E.C.POULOSE
          ANGELY CHERIAN


RESPONDENT/PETITIONER:

          JOBISH A.J.,
          AGED 42 YEARS,
          S/O. JOHNY, AMBALATHARA HOUSE, PORUR, WAYANADU P.O.,
          THALAPPUZHA VIA, VALAD VILLAGE, MANANTHAWADY TALUK,
          WAYANAD DISTRICT, PIN - 670644.



     THIS TRANSFER APPEAL(CIVIL) HAVING COME UP FOR ADMISSION ON
25.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                        2024:KER:79472
                      SATHISH NINAN &
                    JOHNSON JOHN, JJ.
           = = = = = = = = = = = = = = = = = =
            Transfer Appeal (C) No.22 of 2024
           = = = = = = = = = = = = = = = = = =
         Dated this the 25th day of October, 2024

                       J U D G M E N T

Sathish Ninan, J.

The transfer petition filed by the husband seeking

transfer of OP(Div) No.1790/2023 of the Family Court,

Kannur, to the Family Court at Wayanad, was allowed by

the learned Single Judge. The same is under challenge by

the wife.

2. We have heard the learned counsel for the

appellant-wife.

3. The wife is employed abroad in Israel and is

being represented through her power of attorney holder.

Her husband is a resident of Wayanad. The two minor

children born in the wedlock are with the husband.

Annexure-D is the MRI scan report evidencing that the

husband is suffering from Desiccation of the Lumbar

Inter vertebral disc with degenerative endplate changes.

2024:KER:79472

Annexure-E is the medical records of his 67-year-old

mother, indicating cardiac issues.

4. It is having due consideration to the aforesaid

aspects that the learned Single Judge allowed the

transfer as sought. The order is based on materials. We

do not find any illegality with the same warranting

entertainment of the appeal.

Resultantly, the appeal is dismissed.

Sd/-

SATHISH NINAN JUDGE

Sd/-

JOHNSON JOHN JUDGE kns/-

//True Copy//

P.S. To Judge