Annamma Abraham (Sherly) vs Abraham Jacob

S.P. Kurdukar, J.—This transfer petition is filed by the wife against the respondent husband. The respondent husband filed a divorce petition under Section 10 read with Section 7 of the Indian Divorce Act at Jodhpur. The petitioner is a resident of the State of Kerala and presently she has been staying with her parents. The petitioner has given various details in the transfer petition and shown how it is impossible for her to attend the Court at Jodhpur.

Learned counsel for the respondent, however, urged that the respondent is serving in the defence forces and presently he is posted on the border in Rajasthan at Jaisalmer. It would almost be impossible for him to come to Kerala and contest the litigation. Counsel, therefore, submitted that the petition be dismissed.

We record the denial on behalf of the respondent to the various averments made in the transfer petition relating to ill-treatment etc.

After going through the petition and after hearing the counsel for the respondent, we are of the view that the petitioner has made out a case for transfer of Marriage Petition No. 175 of 1998 titled Abraham Jacob v. Smt Annamma Abraham (Sherly) pending in the Family Court, Jodhpur to the District Court at Pathanamthitta, Kerala. The learned District Judge will allot the said petition to a Judge who has got jurisdiction to try the said marriage petition. The transfer petition is allowed. In the circumstances, there will be no order as to costs.