Kerala High Court
Asha John vs Momet V @ Momet Alex on 14 March, 2014
Author: P.Ubaid
Bench: P.Ubaid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
FRIDAY, THE 14TH DAY OF MARCH 2014/23RD PHALGUNA, 1935
Tr.P(Crl.).No. 95 of 2013
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AGAINST MC 118/2011 of FAMILY COURT, THIRUVALLA
PETITIONERS:
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1. ASHA JOHN,
CHACKKALAMANNIL, MURINJAKAL P.O., KOODAL MURI
KOODAL VILLAGE.
2. MARSHAL ALEX MOMET (MINOR),
REPRESENTED BY GUARDIAN MOTHER ASHA JOHN, -DO-
BY ADV. SRI.G.UNNIKRISHNAN
RESPONDENT:
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MOMET V @ MOMET ALEX,
MUTHIRAPARAMBIL, KOODAL P.O., KOODAL MURI,
PATHANAMATHITTA DISTRICT, PRESENT ADDRESS : MOMET V
NK 64 ASSAM GIRLS BN NCC, C/O 99 APO.
BY ADV. SRI.P.HARIDAS
BY PUBLIC PROSECUTOR SRI.LIJU V.STEPHEN
THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY
HEARD ON 14-03-2014, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
ab
P.UBAID, J.
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Tr.P(Crl) No.95 of 2013
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Dated this the 14th day of March, 2014
O R D E R
The petitioners herein are the wife and child of the respondent. They are the petitioners in M.C.No.118 of 2011 now pending before the Family Court, Thiruvalla. The first petitioner later filed O.P No.606/2013 against the respondent herein before the Family Court, Thiruvalla, and the said case is now pending before the Family Court, Pathanamthitta as O.P No.706/2013. The petitioners and the respondent are residents of Adoor, which is only 20 kms away from Pathanamthitta. The petitioners now seek transfer of M.C.No.118/2011 from the Family Court, Thiruvalla to the Family Court, Pathanamthitta, on the ground that it would be convenient for both the parties because Pathanamthitta is only 20 Kms away from Adoor whereas Thiruvalla is about 55 Kms away from Adoor.
2. The respondent received notice in this proceedings, but there was no representation on his behalf when this petition came up for hearing. On hearing the learned Tr.P(Crl) No.95 of 2013 2 counsel for the petitioners and on a perusal of the records, I find that no hardship or prejudice will be caused to the respondent if the maintenance proceeding is transferred from Thiruvalla to Pathanamthitta. Both the parties are residents of Adoor, which is only about 20 Kms away from Pathanamthitta, and it would not be in any manner inconvenient for the respondent to appear in the Court at Pathanamthitta. I am well satisfied that the request for transfer will have to be allowed in the interest of justice.
In the result, this petition is allowed. M.C No.118/2011 now pending before the Family Court, Thiruvalla is transferred to the Family Court, Pathanamthitta. The learned Judge, Family Court, Thiruvalla will transmit the records to the other court, from where notice will have to be given to the respondent regarding the date of posting there.
Sd/-
P.UBAID JUDGE //True Copy// P.A to Judge ab