Against The Order/Judgment In Mop ... vs By Adv. Shri.Sachin Ramesh
2021 Latest Caselaw 1321 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

     WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942

                       Tr.P(C).No.378 OF 2019

AGAINST THE ORDER/JUDGMENT IN MOP 38/2019 OF FAMILY COURT, PALAKKAD


APPLICANT:

              LISSY BENNY
              AGED 48 YEARS
              D/O.DEVASSY, ODAKKAL HOUSE,
              THEKKEKULAM, JANDAMUKKU, PEECHI VILLAGE,
              THRISSUR TALUK, CHENNAYPPARA.P.O.,
              PIN-680653

              BY ADV. SHRI.SACHIN RAMESH

RESPONDENT:

              K.K.BENNY
              AGED 52 YEARS
              S/O.KURIAKOSE, KUMBALATHUMPADI HOUSE,
              MAARAAYKKAL DESOM, KANNARA.P.O.,
              PANNACHERRI VILLAGE, THRISSUR TALUK,
              THRISSUR DISTRICT-680652

              R1 BY ADV. SRI.MANU SRINATH

     THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13.01.2021, ALONG WITH Tr.P(C).378/2019, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
 Tr.P(C).No.378 OF 2019          2




                              JUDGMENT

Dated this the 13th day of January 2021

The petitioner seeking transfer of M.O.P. No. 38/2019

pending before Family Court, Palakkad to Family court, Thrissur is the

wife, who is the respondent in M.O.P. No. 38/2019.

2. The respondent herein is the husband who filed MOP

for cancelling a settlement deed executed in favour of the wife.

3. I heard the learned Counsel appearing on both sides.

It has come out that both spouses are residing within the territorial

jurisdiction limits of Family Court, Thrissur. In that situation, there is

no reason as to why the request made for transfer of O.P. from Family

Court, Palakkad to Family Court, Thrissur, should be disallowed. The

respondent has not filed any counter taking any serious objection in

the matter. The Counsel appearing for both sides conceded there are

two more litigations between parties pending before Family Court,

Thrissur.

In the result, this petition is allowed ordering transfer of

M.O.P. No. 38/2019 from Family Court, Palakkad to Family Court,

Thrissur. The Family Court, Palakkad, shall forward all the records to

Family court, Thrissur, and on the receipt of the records, the

transferee court shall issue notice to parties, directing their

appearance before that court within a reasonable time.

Sd/-

T.V.ANILKUMAR JUDGE SMF/13.01

APPENDIX OF Tr.P(C) 378/2019 PETITIONER'S EXHIBITS:

ANNEXURE A1 OP 38/2019 BEFORE PALAKKAD FAMILY COURT

ANNEXURE AII OP.1135/2018 BEFORE PALAKKAD FAMILY COURT

ANNEXURE AIII OP.2049/2018 BEFORE THRISSUR FAMILY COURT

ANNEXURE AIV OP.1618/2018 BEFORE THRISSUR FAMILY COURT

//TRUE COPY// P A TO JUDGE