DENNY ANTONY Vs. MARYKUTTY ABRAHAM

JUDGEMENT

(1.) These two Transfer Petitions are at the instance of a husband and wife respectively, who have been involved in a series of litigations arising from their matrimonial discord.

(2.) While the husband in his petition filed under Section 407 of the Code of Criminal Procedure seeks transfer of M.C. 22/2005 and O.P. 189/2005 from the file of the Family Court, Thiruvalla to the Family Court, Thrissur, the wife in her petition filed under Section 24 of the Code of Civil Procedure prays to transfer OP (Div) 229/2005 from the file of the Family Court, Thrissur to the Family Court, Thiruvalla, to be tried along with the two cases mentioned above.

(3.) It is contended on behalf of the petitioner/husband that he had married the respondent on the assurance given by her and her parents that she possessed requisite qualification in Nursing. Petitioner wanted an alliance with a girl having such qualification since he thought it would be convenient to get an employment for his wife in Germany, so that he could also obtain a job there later. The marriage was conducted at Irinjalakuda on June 1, 2002. But soon thereafter it was revealed that the respondent did not have any qualification in Nursing and therefore it was impossible for her to get an employment in Germany. When this act of fraud was brought to light, the petitioner/husband had questioned her about this. Very soon it also came to light that the respondent had a love affair with another person before her marriage and that she had agreed for the alliance with the petitioner only because of the compulsion of her parents.