Umesh Shanker vs Manisha M
2022 Latest Caselaw 9536 Ker

            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

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

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