Citation : 2021 Latest Caselaw 18552 Ker
Judgement Date : 8 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
TR.P(C) NO. 322 OF 2021
FOR TRANSFERRING OP(G&W) NO.1548/2020 OF FAMILY COURT, ATTINGAL,
TO THE FAMILY COURT, ERNAKULAM
PETITIONERS/RESPONDENTS:
1 ARUN.S.
AGED 38 YEARS
S/O. SULOCHANA KURUP, SREELOCHANAM, MAMOM,
KIZHUVILAM P.O, ATTINGAL, THIRUVANANTHAPURAM - 695104,
PRESENTLY RESIDING AT SB2, TOWNHOUSE,
ANSAL'S RIVERDALE, EROOR, ERNAKULAM - 682028.
2 N. SULOCHANA KURUP
AGED 74 YEARS
S/O. NARAYAN KURUP, SREELOCHANAM, MAMOM,
KIZHUVILAM P.O, ATTINGAL, THIRUVANANTHAPURAM - 695104.
3 SREEKUMARI AMMA
AGED 67 YEARS
W/O. N.SULOCHANA KURUP, SREELOCHANAM, MAMOM,
KIZHUVILAM P.O, ATTINGAL, THIRUVANANTHAPURAM - 695104.
BY ADV K.G.RAJEESH
RESPONDENT/PETITIONER:
DEEPA.V
AGED 39 YEARS
D/O.K. CHANDRASEKHARA PILLAI, FLAT NO. 6 B, VB MIST,
THANAPADAM ROAD, KAKKANAD, PIN - 682030.
BY ADVS.
SHAIJAN C.GEORGE
NEEBA A.B.
ANJU TREESA GEORGE
TR.P(C) NO. 322 OF 2021
2
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.09.2021, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
TR.P(C) NO. 322 OF 2021
3
JUDGMENT
The petitioners seek transfer of OP(G&W) No.1548 of 2020
on the files of the Family Court, Attingal to the Family Court,
Ernakulam. The short facts are as under;
The marriage between the 1st petitioner and the respondent was
solemnised on 14.07.2009 and they have two children in the
wedlock. Marital discord between the spouses resulted in a spate of
litigations, of which 4 Original Petitions are pending before the
Family Court, Ernakulam. Based on an interim arrangement, one
child is residing with the 1st petitioner and one child with the
respondent. According to the petitioners, the wife is also residing at
Ernakulam and it will be convenient for all parties if the Original
Petition filed by her is also transferred to the Family Court,
Ernakulam.
2. Learned counsel for the respondent fairly submits that the
respondent has no objection in the Transfer Petition being allowed.
Accordingly, the Transfer Petition is allowed. OP(G&W) TR.P(C) NO. 322 OF 2021
No.1548 of 2020 on the files of the Family Court, Attingal shall
forthwith be transferred to the Family Court, Ernakulam.
Sd/-
V.G.ARUN JUDGE scs TR.P(C) NO. 322 OF 2021
APPENDIX OF TR.P(C) 322/2021
PETITIONER ANNEXURE
Annexure A1 TRUE COPY OF THE OP. NO. 2836/2019 ON THE FILE OF THE FAMILY COURT, ERNAKULAM DATED 24.11.2019 UNDER THE GUARDIANS AND WARDS ACT.
Annexure A2 TRUE TYPED COPY OF THE B DIARY PROCEEDINGS DATED 11.12.2019 OF THE FAMILY COURT, ERNAKULAM.
Annexure A3 TRUE COPY OF THE PROOF AFFIDAVIT IN M.C.NO. 409/2017 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, ERNAKULAM DATED 24.09.2020.
Annexure A4 TRUE COPY OF THE INTERLOCUTORY APPLICATION FOR JOINT TRIAL IN O.P NO. 1946/2017 SERVED BY THE COUNSEL FOR THE RESPONDENT TO THE PETITIONERS DATED NIL.
Annexure A5 TRUE COPY OF THE O.P.NO. 1548/2020 ON THE FILE OF THE FAMILY COURT, ATTINGAL DATED 07.12.2020.
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