High Court Kerala High Court

Vineetha Jiji vs Jiji Thomas Aged 38 Years on 25 June, 2007

Kerala High Court
Vineetha Jiji vs Jiji Thomas Aged 38 Years on 25 June, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Tr P(C) No. 110 of 2007()


1. VINEETHA JIJI, AGED 25 YEARS,
                      ...  Petitioner

                        Vs



1. JIJI THOMAS AGED 38 YEARS, S/O.THOMAS,
                       ...       Respondent

                For Petitioner  :SMT.SANDHYA RAJU

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :25/06/2007

 O R D E R
                            M.N.KRISHNAN, J.

                    -----------------------------

                         Tr.P.C.No. 110 OF 2007

                    -----------------------------

                   Dated this the 25th June , 2007.



                                  JUDGMENT

This transfer petition is filed seeking a transfer of

O.P.252/07 pending before the Family Court, Thrissur to

Ernakulam where the maintenance case filed by the transfer

petitioner as M.C.7/07 is pending. The grounds alleged are

that the travelling time between Angamaly to Ernakulam is

45 minutes whereas to travel Thrissur is two hours. The

petitioner is having a minor child aged about two years and

she cannot undertake a long journey with the child and

lastly her parents are very old and they are unable to

accompany her to a long distance and, therefore, it is

practically impossible for her to go to Thrissur to conduct

the case. Respondent served. He has not filed any counter

affidavit and has not entered appearance in this court

through counsel. So, the averments in the transfer

petition remain uncontroverted. It is also submitted that

the case before the Family Court, Thrissur is a filed as a

counterblast to the maintenance case filed by her in the

Family Court, Ernakulam. Considering the fact that she is

having a very small child and the parents are old and her

financial capacity, it is only just and reasonable that the

case pending before the Family Court, Thrissur is

Tr.P.C.110/07 2

transferred to Family Court, Ernakulam. Therefore

O.P.252/07 pending before the Family Court, Thrissur is

transferred to the Family Court, Ernakulam. Before

effecting transfer intimation may be given to both parties

by the Family Court, Thirssur. Transfer petition is

disposed of accordingly.

M.N.KRISHNAN

Judge

jj