Anu Mary Yohannan vs Anu Mary Yohannan
2021 Latest Caselaw 8722 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

          THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

 TUESDAY, THE 16TH DAY OF MARCH 2021 / 25TH PHALGUNA, 1942

                   Tr.P(C).No.205 OF 2021

       OP(DIV) 223/2016 OF FAMILY COURT, THODUPUZHA


PETITIONER/RESPONDENT:

            ANU MARY YOHANNAN
            AGED 32 YEARS
            D/O. YOHANNAN, OLAKKENGIL HOUSE, MOTHER STREET,
            CHEROOR P.O, THRISSUR.

            BY ADV. SRI.C.CHANDRASEKHARAN

RESPONDENT/PETITIONER:

            MANU PHILIP
            AGED 32 YEARS
            S/O. K.P. PAILY, KADAVUNKAL HOUSE, THODUPUZHA
            KARA, THODUPUZHA VILLAGE, THODUPUZHA TALUK,
            IDUKKI DISTRICT, PIN-685 584


     THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.03.2021, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
 Tr.P.(C)No.205 of 2021

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            Dated this the 16th day of March, 2021


                                O R D E R

This transfer petition was filed by wife, who

is the respondent in O.P.(Div.)No.223/2016 now

pending before the Family Court, Thodupuzha. Her

request in this petition is to order transfer of

the above original petition to Family Court,

Thrissur, contending that she is living along with

her aged parents within the jurisdictional limits

of Family Court, Thrissur. It is submitted on her

behalf that it is very difficult for her to

undertake long travel to Thodupuzha and contest the

proceedings before the Family Court situated

therein.

2. When this matter came up for admission, the

respondent also appeared through the counsel.

Learned counsel for the respondent submitted that

it will be very difficult for him to undertake Tr.P.(C)No.205 of 2021

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journey to Family Court, Thrissur, in case the

proceedings are ordered thereto accepting the

request made by the petitioner. Learned counsel

submitted that the proceedings may be transferred

to Family Court, Ernakulam.

3. Learned counsel appearing for the

petitioner conceded that his party has no objection

to the matter being transferred to Family Court,

Ernakulam. Accepting the submissions made on behalf

of the parties, I am also of the view that it is

only just and proper that O.P.(Div.)No.223/2016

pending before the Family Court, Thodupuzha, is

ordered to be transferred to Family Court,

Ernakulam.

In the result, this transfer petition is

disposed of withdrawing O.P.(Div.)No.223/2016 from

the file of Family Court, Thodupuzha, and

transferring it to Family Court, Ernakulam. The Tr.P.(C)No.205 of 2021

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Family Court, Thodupuzha, shall immediately

transmit all records to Family Court, Ernakulam,

which, on receipt of the records, shall issue

notice to parties directing their appearance before

the court at an early date.

All pending interlocutory applications are

closed.

Sd/-

T.V.ANILKUMAR JUDGE ami/ Tr.P.(C)No.205 of 2021

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APPENDIX

PETITIONER'S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE JUDGMENT OF THE FAMILY COURT, THODUPUZHA IN O.P. (DIV) NO.223/2016, DATED 31.01.2018.

ANNEXURE A2 TRUE COPY OF THE JUDGMENT IN MAT. APPEAL NO. 256/2018, DATED 1.3.2021 ON THE FILE OF THIS HON'BLE COURT.