Sandhya Jacob vs Abeson Jacob

Type Court Judgment Court Kerala Decided May 31, 2024

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Citation: sooperkanoon.com/1324835
Court: Kerala High Court
Judge: Honourable Dr. Justice Kauser Edappagath
Decided On: May 31, 2024
Case Number: Tr.P(C)/307/2024

Parties & Advocates

Appellant / Petitioner

Sandhya Jacob

Respondent

Abeson Jacob

Excerpt

.....the court on the same day delivered the following: ..2..in the high court of kerala at ernakulampresent 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: ..3..orderboth 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 o.p.no.390/2024 and o.p.no.391/2024 pending before the family court, alappuzha are withdrawn and transferred to the family court, ernakulam for trial and disposal.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 ..4.. appendix of tr.p(c) 305/2024 petitioner annexures annexure a 1 true copy of op no 391of 2024.....

Full Judgment

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: ..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: ..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 ..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 ..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

Same Court & Year Kerala · 2024 Same Parties Sandhya Jacob vs Abeson Jacob Same Judge Honourable Dr. Justice Kauser Edappagath