Mary Edward vs Fredinent Edward
2022 Latest Caselaw 6094 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
          THE HONOURABLE MR.JUSTICE BASANT BALAJI
 WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
                    TR.P(C) NO. 680 OF 2021
 AGAINST THE ORDER/JUDGMENT IN EP 57/2014 IN OP 61/2004 OF
                     FAMILY COURT, ATTINGAL
PETITIONER/S:

            MARY EDWARD
            AGED 81 YEARS
            W/O.B.C.EDWARD, TANK VIEW BUNGALOW, KUNNUKUZHI
            P.O., THIRUVANANTHAPURAM DISTRICT-695037.

            BY ADV J.JAYAKUMAR



RESPONDENT/S:

            FREDINENT EDWARD
            S/O.EDWARD, FROM CHARUVILA HOUSE, VAVARAMBALAM,
            POTHENCODE, AND NOW RESIDING AT T.C.92/1041/2,
            BETHAL HOUSE, KADAKAMPALLY, KAKKATTU LANE, PETTA
            POST-695024, THIRUVANANTHAPURAM DISTRICT.


     THIS    TRANSFER   PETITION   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 01.06.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 TR.P(C) 680/2021
                                -2-


                             ORDER

The stepmother of the respondent is the petitioner. She

filed O.P No.61/2004 against the respondent for maintenance.

The same was decreed by the Family Court, Thiruvananthapuram

on 31.07.2007. To execute the said decree, she filed E.P

No.106/2007 in O.P No.61/2004 before the Family Court,

Thiruvananthapuram, which was transferred to the Family Court,

Attingal and renumbered as E.P No.57/2014, because the

respondent was residing within the jurisdiction of the Family

Court, Attingal. Though the respondent challenged the decree

in Mat Appeal No. 39/2008, the same was dismissed by this Court.

2. The petitioner is aged 81 years. She is suffering from

various ailments and depends on her daughter. The counsel for

the petitioner submits that the respondent is now residing within

the jurisdiction of the Family Court, Thiruvananthapuram and

the notice issued from this Court has been served on the

respondent at the present address. She seeks transfer of E.P TR.P(C) 680/2021

No.57/2014 in O.P No.61/2004 pending before the Family Court,

Attingal to the Family Court, Thiruvananthapuram.

On going through the averments in the Transfer Petition as

well as the grounds raised, I am of the opinion that the Transfer

Petition can be allowed in the interest of justice. Taking into

consideration the age of the petitioner, the Transfer Petition is

allowed and E.P No.57/2014 in O.P No.61/2004 pending before the

Family Court, Attingal is withdrawn and transferred to the Family

Court, Thiruvananthapuram. The Family Court,

Thiruvananthapuram shall take all endeavour to dispose of the

Execution Petition at the earliest.

Sd/- BASANT BALAJI JUDGE

JS TR.P(C) 680/2021

APPENDIX OF TR.P(C) 680/2021

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF DECREE DATED 31.07.2007 IN O.P.NO.61/2004 OF FAMILY COURT, THIRUVANANTHAPURAM.

Annexure A2 TRUE COPY OF E.P.NO.57/2014 IN O.P.NO.61/2004 OF FAMILY COURT, ATTINGAL.

Annexure A3 TRUE COPY OF THE JUDGMENT DATED 10.11.2017 IN MAT.APPEAL NO.39/2008 OF THIS HON'BLE COURT.

Annexure A4 TRUE COPY OF STATEMENT FILED BY THE PETITIONER IN E.P.NO.57/2014 IN O.P.NO.61/2004 BEFORE FAMILY COURT, ATTINGAL.