Mrs. Sophya Varghese vs Mr. Tomy Paul
2023 Latest Caselaw 6436 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR. JUSTICE P.SOMARAJAN
     TUESDAY, THE 13th DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                     TR.P(C) NO. 221 OF 2023
          OP(G&W) No.1915/2022 OF FAMILY COURT, KOTTAYAM
PETITIONER/RESPONDENT:

          MRS. SOPHYA VARGHESE, AGED 39 YEARS,
          D/o VARGHESE, KADAPPANAL HOUSE, THALAYOLAPARAMBU P.O,
          KOTTAYAM DISTRICT, NOW RESIDING AT 3B,
          SOUBHAGYA APARTMENTS, MAVOOR ROAD,
          ARAYIDATHUPALAM, KOZHIKODE - 673004.

          BY ADVS. SANTHOSH PETER (MAMALAYIL)
                   P.N.ANOOP
                   M.S.SANDEEP SUDHAKARAN
                   ROHIT LOBO
                   JOSE EPHREM


PETITIONERS/RESPONDENTS:

    1     MR. TOMY PAUL, AGED 43 YEARS,
          S/o PAULOSE, KARINILATHU HOUSE, PADINJAREKARA (PO)
          UDAYANAPURAM VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT,
          PIN- 686605 (REPRESENTED BY MOTHER AND POWER ATTORNEY
          HOLDER LEELAMMA PAULOSE)

    2     MRS. LEELAMMA PAULOSE, AGED 68 YEARS
          W/o PAULOSE, KARINILATHU HOUSE, PADINJAREKARA (PO)
          UDAYANAPURAM VILLAGE, VAIKKOM TALUK,
          KOTTAYAM DISTRICT, PIN-686605.

          BY ADVS. S. RANJIT
                   GOKUL DAS V.V.H.


     THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR HEARING ON
13.06.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Tr.P(C) No.221 of 2023                   2




                                     ORDER

This transfer petition is for getting transfer of

OP(G&W) No.1915/2022 pending before the Family Court,

Ettumanoor to the Family Court, Calicut, wherein she is

residing along with her minor child. It was objected by

the learned counsel for the respondent on the ground that

execution proceedings are pending before the Family

Court, Ettumanoor and the present petition is an attempt

to defeat the same. Taking into account the convenience

of the minor child and to safeguard the interest of the

minor child, it is fit and proper to transfer the case

pending before the Family Court, Ettumanoor, to the

Family Court, Calicut. Hence, ordered accordingly.

Send the entire records forthwith to the transferee

court. The parties are directed to appear before the

transferee court on 26.06.2022.

The Transfer Petition will stand allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE

DMR/-

APPENDIX OF TR.P(C) 221/2023

PETITIONER'S ANNEXURES

Annexure1 TRUE COPY OF THE OP (GW) NO.1915/2022 BEFORE THE HONOURABLE FAMILY COURT, KOTTAYAM AT ETTUMANOOR

Annexure2 TRUE COPY OF THE JUDGMENT DATED 26.05.2018 IN OP. NO. 561/2018 OF THE HONOURABLE FAMILY COURT, KOTTAYAM AT ETTUMANOOR

Annexure3 TRUE COPY OF THE JUDGMENT DATED 10.04.2018 IN O.P NO.800/2017 OF THE HONOURABLE FAMILY COURT, KOTTAYAM AT ETTUMANOOR WITH MEDIATION AGREEMENT

Annexure4 TRUE COPY OF THE FEE RECEIPT DATED 10.11.2022 ISSUED FROM ST. PATRICK'S JUNIOR SCHOOL, CHALAPPURAM, CALICUT

Annexure5 TRUE COPY OF THE ATTENDANCE REGISTER OF THE CLASS III DIVISION-A OF ST. PATRICK'S JUNIOR SCHOOL, CHALAPPURAM, CALICUT

Annexure6 TRUE COPY OF THE SAVING BANK PAY-IN-SLIP SHOWING INTEREST FEE CAUTION DEPOSIT AND TERM FEE RECEIPT DATED 01.04.2023

// TRUE COPY //

P.A. TO JUDGE