High Court at Ernakulam allowed a transfer petition to move a divorce pending original proceeding from Family Court, Thodupuzha, to Family Court, Ernakulam, considering the wife's residence and non-appearance of the husband.
O.P.No.62/2018 pending at Family Court, Thodupuzha is withdrawn and transferred to Family Court, Ernakulam.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SATHISH NINAN
WEDNESDAY, THE 19TH DAY OF DECEMBER 2018/28TH AGRAHAYANA, 1940
Tr.P.(C)No.419 of 2018
(TO TRANSFER O.P.No. 62/2018 PENDING BEFORE THE FAMILY COURT, THODUPUZHA TO FAMILY COURT, ERNAKULAM)
PETITIONER/PETITIONER:
1 ANCY JOSEPH, AGED 38 YEARS, D/O JOSEPH, CHAKKUMKAL HOUSE, MUTHALAKODAM P.O., THODUPUZHA VILLAGE, IDUKKI DISTRICT, NOW RESIDING AT QUARTERS NO.5/10, KERALA POLICE QUARTERS, OPP.KERALA HIGH COURT, ERNAKULAM DISTRICT, PIN-682 018.
BY ADVS. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA
RESPONDENT/RESPONDENT:
SIBY THOMAS, AGED 41 YEARS, S/O K. THOMAS, KUZHUVELIL HOUSE, MANKULAM PO, MANKULAM VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT-686 513.
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Tr.P.(C)No.419 of 2018
2
ORDER
The petitioner-wife seeks for transfer of O.P.No.62/2018 pending on the files of the Family Court, Thodupuzha to Family Court, Ernakulam.
2. Inspite of service of notice on the
respondent-husband, there is no appearance.
3. O.P.No.62/2018 was filed by the
respondent- husband seeking a decree of divorce. The petitioner is residing at Ernakulam. There are two children born in the wedlock and one of them is minor. The children are presently with the petitioner-wife. The petitioner is unemployed and does not have any source of income. It appears that there was an earlier proceeding between the parties as O.P.No.207/2014 on the files of the Family Court, Thodupusha, which was later transferred to the Family Court, Ernakulam at the request of the petitioner herein. In the
said circumstances, I am of the opinion that the
Tr.P.(C)No.419 of 2018
3
transfer as sought for can be granted.
In the result, the transfer petition is allowed. O.P.No.62/2018 pending on the files of the Family Court, Thodupuzha will stand withdrawn and transferred to the Family Court, Ernakulam.
Sd/-
SATHISH NINAN
JUDGE
ss
ANCY JOSEPH
SIBY THOMAS
SATHISH NINAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
