IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
TR.P(CRL.) NO. 49 OF 2022
TO TRANSFER MC NO.26/2022 FROM THE FAMILY COURT, ETTUMANOOR,
KOTTAYAM DISTRICT TO FAMILY COURT, ERNAKULAM DISTRICT
PETITIONER/RESPONDENT:
UMESH SHANKER,
AGED 30 YEARS,
S/O UMA SANKAR C V,
RESIDING AT SARSWATHI MADOM,
POLLAPPOYIL, KODAKKAD VILLAGE,
KODAKKAD PO, HOSDURG TALUK,
KASARGOD DISTRICT-671310
BY ADVS.SRI.VIMAL VIJAY
SRI.JAYESH MOHANKUMAR
SRI.PUSHPARAJAN KODOTH
SMT.VANDANA MENON
RESPONDENT/PETITIONER:
MANISHA M,
AGED 27 YEARS,
D/O MAHESH R,
RESIDING AT INDRANEELAM,
CHANNANIKADU P.O, PANACHIKKAD VILLAGE,
KOTTAYAM DISTRICT - 686533
BY ADV SMT.PRIYA R CHANDRAN
THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
25.08.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Tr.P(Crl.) No.49 of 2022
-:2:-
ORDER
Dated this the 25th day of August, 2022 This petition is filed under Section 407 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C') seeking to transfer M.C.No.26/2022 pending on the files of Family Court, Ettumanoor, Kottayam to Family Court, Ernakulam.
2. This Court ordered to issue notice to the respondent. The respondent who was served with notice entered appearance through Smt.Priya R.Chandran. It is submitted by the counsel for the respondent that she has no objection in transferring M.C.No.26/2022 pending before Family Court, Ettumanoor, Kottayam to Family Court, Ernakulam provided joint trial of it with other cases pending on its file is permitted by the transferee court. Therefore, this Court finds it appropriate to allow the petition on hand.
3. In the result, Transfer Petition is allowed and M.C.No.26/2022 pending before Family Court, Ettumanoor, Kottayam is ordered to be transferred to Family Court, Ernakulam. If any of the parties apply for joint trial of all cases Tr.P(Crl.) No.49 of 2022 -:3:- pending on the files of the transferee court, it shall consider the application and pass appropriate orders.
Family Court, Ettumanoor, Kottayam shall see that all records relating to M.C.No.26/2022 shall be transmitted to Family Court, Ernakulam immediately.
Sd/-
MARY JOSEPH JUDGE MJL Tr.P(Crl.) No.49 of 2022 -:4:- APPENDIX OF TR.P(CRL.) 49/2022 PETITIONER'S ANNEXURES:
ANNEXURE 1 A TRUE COPY OF OP 23/2021 FILED BEFORE THE FAMILY COURT, KASARAGOD ANNEXURE 2 A TRUE COPY OF MC 26/2022 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, ETTUMANOOR ANNEXURE 3 A TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN TR.P.C 73/2022 DATED 05.07.2022 RESPONDENT'S ANNEXURES: NIL TRUE COPY PA TO JUDGE