George Varghese vs Treesa Sebastian
2022 Latest Caselaw 5589 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
      THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
                     TR.P(C) NO. 293 OF 2022
   AGAINST THE ORDER/JUDGMENT IN GOP 212/2022 OF FAMILY COURT,
                            ERNAKULAM
PETITIONER/RESPONDENT IN O P:

          GEORGE VARGHESE,
          AGED 39 YEARS
          S/O.VARGHESE, KOLLAMPARAMPIL, ITTITHANAM P.O.,
          CHANGANACHERRY, KOTTAYAM DISTRICT, PIN-686 535.
          BY ADVS.
          SEBASTIAN CHAMPAPPILLY
          ABRAHAM P.MEACHINKARA
          GEORGE CLEETUS
          MARGARET MAUREEN DROSE


RESPONDENT/PETITIONER IN O P:

          TREESA SEBASTIAN,
          AGED 37 YEARS
          D/O.SEBASTIAN, MEKKARASSERY,
          MIYATH NORTH, AVALOOKUNNU P.O.,
          ALAPPUZHA, NOW RESIDING AT APARTMENT NO.4A,
          DD SEA VIEW APARTMENT, CONVENT JUNCTION,
          MARKET ROAD, ERNAKULAM-682 011, AND WORKING AS
          ASSISTANT ENGINEER, PWD ROAD SECTION,
          ALUVA, PIN-683 101.
     THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 TR.P(C) NO. 293 OF 2022
                              2



                          ORDER

Dated this the 26th day of May, 2022

In this transfer petition filed under Section 24 of the

Code of Civil Procedure, the petitioner, who is the husband of

the respondent, seeks transfer of G.O.P.No.212 of 2022

pending before the Family Court, Ernakulam, in a case

where, the petitioner himself already filed O.P.No.348 of

2022 before the Family Court, Alappuzha.

2. Heard the learned counsel for the petitioner on

admission.

3. He submitted that G.O.P.No.212 of 2022 pending

before the Family Court, Ernakulam cannot be considered by

the Family Court, Ernakulam, since the said Court has no

jurisdiction to entertain the said original petition. He also

submitted that Annexure-3, I.A.No.2011 of 2022 also filed by

the petitioner to decide the question of jurisdiction with

prayer to return the same to be presented before the Family

Court, Alappuzha.

TR.P(C) NO. 293 OF 2022

4. In view of the factual background, I am of the view

that a direction can be given to the Family Court, Ernakulam

to decide I.A.No.2011 of 2022 in O.P.No.348 of 2022 and

pass order on merits, after hearing both sides, so as to

decide the question of jurisdiction that has been canvassed

as the reason for transfer of the said case before this Court.

Accordingly, this transfer petition is disposed of.

It is specifically directed that the Family Court

concerned shall decide the petition within a period of thirty

days from the date of production of a copy of this order.

Sd/-

A. BADHARUDEEN JUDGE nkr TR.P(C) NO. 293 OF 2022

APPENDIX OF TR.P(C) 293/2022

PETITIONER ANNEXURES Annexure 1 TRUE COPY OF OP NO.348 OF 2022 ON THE FILE OF THE FAMILY COURT AT ALAPPUZHA FILED BY THE PETITIONER.

Annexure 2 TRUE COPY OF THE GOP NO.212 OF 2022 ON THE FILE OF THE FAMILY COURT, ERNAKULAM FILED BY THE RESPONDENT. Annexure 3 TRUE COPY OF IA NO.2011 OF 2022 IN GOP NO.212 OF 2022 FILED BY THE PETITIONER BEFORE THE FAMILY COURT AT ERNAKULAM.