Dr. Blessy Mathew vs Varghese P.J. @ Aji
2023 Latest Caselaw 11438 Ker

TR.P(CRL.) NO. 74 OF 2023             1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
                            TR.P(CRL.) NO. 74 OF 2023
     AGAINST THE ORDER/JUDGMENT MC 407/2018 OF FAMILY COURT,
                                  KOTTARAKKARA
PETITIONER/S:

      1        DR. BLESSY MATHEW
               AGED 43 YEARS
               AGED 43 YEARS, DAUGHTER OF K. S. MATHUKUTTY
               PERMANENTLY RESIDING AT HOUSE NO.30, CHARAK SADAN,
               VIKASPURI, NEW DELHI PIN 110018 PRESENTLY RESIDING
               AT MEDICAL OFFICERS QUARTERS NO.2, GENERAL HOSPITAL,
               MAHE, PUDUCHERRY, PIN - 673310

      2        ANNGELINA VARGHESE
               AGED 11 YEARS
               AGED 11 YEARS, D/O BLESSY MATHEW, QUARTERS NO.2,
               QUARTERS FOR MEDICAL OFFICERS, (GOVT) GENERAL
               HOSPITAL, MAHE, PUDUCHERRY, PIN 673 310 REPRESENTED
               BY HER MOTHER AND NEXT FRIEND DR. BLESSY MATHEW
               QUARTERS NO.2, QUARTERS FOR MEDICAL OFFICERS, (GOVT)
               GENERAL HOSPITAL, MAHE, PUDUCHERRY, PIN - 673310

               BY ADVS.
               ABRAHAM GEORGE JACOB
               C.MURALIKRISHNAN (PAYYANUR)
               P.I.RAHEENA
               SHAHNA



RESPONDENT/S:

               VARGHESE P.J. @ AJI
               AGED 44 YEARS
               AGED ABOUT 44 YEARS, SON OF LATE P.G. JOHN, LECTURER
               RESIDING AT PLAVILA HOUSE, PLAPALLY P.O., PULAMON
 TR.P(CRL.) NO. 74 OF 2023              2


               KOTTARAKARA TALUK, KOLLAM, PIN - 651531

               BY ADVS.
               S.RAJEEV S
               V.VINAY(K/355/2009)
               M.S.ANEER(K/644/2013)



OTHER PRESENT:

               SRI S RAJEEV, SRI V VINAY, SRI MS ANEER, RESP.




       THIS     TRANSFER    PETITION       (CRIMINAL)   HAVING   COME   UP   FOR
ADMISSION ON 08.11.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 TR.P(CRL.) NO. 74 OF 2023                3




                       P.V.KUNHIKRISHNAN, J
                   ---------------------------------------
                      Tr.P.(Crl.) No. 74 of 2023
                    --------------------------------------
             Dated this the 8th day of November, 2023


                                      ORDER

This transfer petition is filed to transfer MC No. 47/2018

on the file of the Family Court, Kottarakkara to the Family

Court, Thalassery. The petitioners are the wife and the child.

The petition is filed for maintenance under Sec.125 Cr.P.C. It

is submitted that the connected cases are already transferred

to the Family Court, Thalassery and this case also may be

transferred is the submission. This is seriously opposed by the

counsel appearing for the respondent. But, considering the

fact that the connected cases are already transferred, I think

this case also can be transferred to the Family Court,

Thalassery.

Therefore, this transfer petition is allowed in the

following manner.

1) MC No. 407/2018 pending before the Family Court,

Kottarakkara is transferred to the Family Court, Thalassery.

2) The Family Court, Kottarakkara will forward the

entire records in MC No. 407/2018 to the Family Court,

Thalassery forthwith.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF TR.P(CRL.) 74/2023

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF THE PETITION IN MC NO.

407/2018 OF THE FAMILY COURT, KOTTARAKARA

Annexure A2 TRUE COPY OF THE ORDER OF APPOINTMENT ISSUED BY THE GOVERNMENT OF PUDUCHERRY DATED 12/05/2015

Annexure A3 TRUE COPY OF THE ORDER OF THE GOVERNMENT OF PUDUCHERRY DATED 03/06/2015 ALLOTTING MEDICAL OFFICERS' QUARTERS TO THE PETITIONER

Annexure A4 TRUE COPY OF THE SCHOOL FEE RECEIPT PAID THROUGH UNION BANK OF INDIA FOR THE YEARS 2022-23

Annexure A5 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 23/05/2023 ISSUED BY THE DR. C. UDAYAKUMAR OF THE GOVERNMENT GENERAL HOSPITAL MAHE