Kerala High Court
Tiji Daniel vs Roy Poulose on 7 November, 2018
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY,THE 07TH DAY OF NOVEMBER 2018 / 16TH KARTHIKA, 1940
Tr.P(C).No. 291 of 2018
OP 404/2018 of FAMILY COURT,ERNAKULAM
PETITIONER/RESPONDENT:
TIJI DANIEL
AGED 31 YEARS, DAUGHTER OF TD DANIEL, RESIDING NOW AT
'JOHN VILLA', CLRA 26, CHEMBISSERY LANE, NADAMA
VILLAGE, THRIPUNITHURA P.O., ERNAKULAM DISTRICT.
BY ADVS.
SRI.G.HARIHARAN
SMT.K.S.SMITHA
SMT.T.T.SHANIBA
SRI.M.V.VIPINDAS
SRI.PRAVEEN.H.
RESPONDENT/PETITIONER:
ROY POULOSE
AGED 41 YEARS, SON OF PANAMKOODAN POULOSE,
KALLETTUMKARA P.O., IRINJALAKUDA, THRISSUR DISTRICT-
680121.
BY ADVS.
SRI.JOHN JOSEPH(ROY)
SRI.JOHN JOSEPH(ROY)
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
07.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Tr.P(C).No. 291 of 2018
2
ORDER
The petitioner - wife seeks for transfer of O.P(G&W) No.404 of 2018 pending on the files of the Family Court, Irinjalakuda to the Family Court, Ernakulam.
2. Respondent - husband enters appearance and opposes the application. Counter affidavit has been filed opposing the prayer for transfer. Along with the counter affidavit, the respondent has produced Ext R2, stated to be an agreement entered into between the parties, under which the custody of the children is stated to have been given to the respondent - husband.
3. I do not think that it is necessary and proper to go into the merits of the said contentions for the purpose of deciding the question of transfer. There are three minor children aged 8, 6 and 4 respectively, born in the wedlock. The children are with the wife. It Tr.P(C).No. 291 of 2018 3 is not in dispute that the petitioner - wife is unemployed. It is submitted by the petitioner that she and the children are residing with her aged parents and that her father has undergone a heart surgery recently. There is no one to accompany the petitioner to the Family Court, Irinjalakuda to contest the proceedings. Considering the entire facts and circumstances, I am of the opinion that the transfer as sought for can be granted.
In the result, the Transfer Petition is allowed. O.P(G&W) No.404 of 2018 pending on the files of the Family Court, Irinjalakuda will stand withdrawn and transferred to the Family Court at Ernakulam.
SATHISH NINAN JUDGE vdv