Gifty Delin vs Delin Luke E.D
2022 Latest Caselaw 4242 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
        THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                         TR.P(C) NO. 721 OF 2021
    AGAINST THE ORDER/JUDGMENT IN OP 813/2021 OF FAMILY COURT, TIRUR
PETITIONER/RESPONDENT IN O P:

GIFTY DELIN, AGED 28 YEARS D/O. THANKACHAN, TENGUMVILA, KIZHAKKETHIL HOUSE, KRISHNAPURAM DESOM, OLLUKKARA VILLAGE, P.O. OLLUKKARA, THRISSUR DISTRICT 680 655. BY ADV SUMODH MADHAVAN NAIR

RESPONDENT/PETITIONER IN O.P.:

DELIN LUKE E.D AGED 35 YEARS S/O. LATE DAVID, EZHUTHUPURAKKAL HOUSE, KUTTIPPURAM VILLAGE, KUTTIPPURAM DESOM, P.O. KUTTIPPURAM TIRUR TALUK, MALAPPURAM DISTRICT 670 571. BY ADVS.

Jayaraj Nambiar K.K SIDHARTH J NAMBIAR(K/000347/2019)

THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: TR.P(C) NO. 721 OF 2021

ORDE R Dated this the 7th day of April, 2022

This transfer petition has been filed under Section 24 of

the Civil Procedure Code by the petitioner, who is the wife of

the respondent and she seeks transfer of O.P.No.813/2021

pending before the Family Court, Tirur to Family Court,

Thrissur highlighting her convenience.

2. Adv.K.K.Jayaraj Nambiar filed Vakalath for the

respondent. He sought time for filing counter affidavit.

However, the learned counsel failed to substantiate any

sustainable objection in the matter of transfer, where

convenience of the wife is having predominance.

3. The learned counsel for the petitioner herein

seeks transfer highlighting her convenience. Nothing

substantiated to disallow the transfer. Therefore, I am

inclined to allow this transfer petition.

In the result, the transfer petition stands allowed.

O.P.No.813/2021 pending before the Family Court Tirur shall

stand transferred to Family Court, Thrissur. Family Court, TR.P(C) NO. 721 OF 2021

Tirur is directed to forward the case records to the Family

Court, Thrissur.

Parties shall appear before the Family Court, Thrissur

on 22.04.2022.

Registry shall forward a copy of this order to the Family

Courts concerned, within two weeks, for information and

compliance.

Sd/-

A. BADHARUDEEN JUDGE

nkr TR.P(C) NO. 721 OF 2021

APPENDIX OF TR.P(C) 721/2021

PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE PETITION NUMBERED AS O.P. 1997/2020 AND FILED UNDER SECTION 7 (C) (F) OF THE FAMILY COURT ACT BEFORE THE HONBLE FAMILY COURT, THRISSUR FOR RETURN OF ORNAMENTS AND HOUSEHOLD ARTICLE AND DATED 27.11.2020.

Annexure A2 A TRUE COPY OF THE PETITION NUMBERED AS M.C. 9/2021 DATED 22.02.2021 U/S. 12 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 AND FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT NO.

Annexure A3 A TRUE COPY OF THE PETITION NUMBERED AS O.P. 813/2021 DATED 26.10.2021 PREFERRED BEFORE THE HONBLE FAMILY COURT TIRUR.