Shaju vs Jyothimol Shaju
2024 Latest Caselaw 31417 Ker

Kerala High Court

Shaju vs Jyothimol Shaju on 2 November, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

                                                   2024:KER:81551




              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
 SATURDAY, THE 2ND DAY OF NOVEMBER 2024 / 11TH KARTHIKA, 1946
                     TR.P(CRL.) NO. 121 OF 2019
         IN MC NO.604 OF 2013 OF FAMILY COURT, IRINJALAKUDA

PETITIONER:

          SHAJU
          AGED 47 YEARS
          S/O JOSEPH,
          KANNAMPUZHA HOUSE,
          KANNA NAGAR DESOM,
          MURINGOOR THEKUMMURI VILLAGE,
          MUKUNDAPURAM TALUK, PIN-680 309.

          BY ADV C.A.JOY


RESPONDENTS:

    1     JYOTHIMOL SHAJU
          AGED 17 YEARS
          MINOR, REPRESENTED BY GUARDIAN MOTHER SHEELA PAUL,
          D/O SHAJU, RESIDING AT MANIKKATHAN HOUSE,
          CHERANELLUR P.O.KOOVAPPADY VILLAGE,
          KUNNATHUNADU TALUK, PIN-683 544.

    2     SHEELA PAUL,
          AGED 43 YEARS
          D/O PAUL,
          MANICKATHAN HOUSE,
          CHERANALLOOR P.O.KOOVAPPADY VILLAGE,
          KUNNATHUNADU TALUK, PIN-683 544.

          BY ADV. SHAMEENA SALAHUDHEEN
        THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 02.11.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
                                                                   2024:KER:81551

Tr.P.(Crl.). No.121 of 2019
                                         -:2:-




                         BECHU KURIAN THOMAS, J.
                        ---------------------------------------
                          Tr.P.(Crl.). No.121 of 2019
                        ---------------------------------------
                    Dated this the 2nd day of November, 2024


                                       ORDER

Petitioner seeks transfer of Crl.M.P.No.863/2019 in

M.C.No.604/2013 on the files of the family Court, Thrissur to Family Court,

Irinjalakkuda.

2. I have heard Sri. C.A.Joy, the learned counsel for the

petitioner and Smt. Shameena Salahudheen, the learned counsel for the

respondents.

3. This transfer petition was filed when the first respondent was

aged 17 years. She obviously would have attained the age of majority.

M.C. No.604/2013 was disposed of by the Family Court, Thrissur, ordering

maintenance to the daughter - the first respondent herein. To implement

the order in M.C. No.604/2013, Crl.M.P.No.863/2019 has been preferred. It

is the said petition now that is sought to be transferred.

4. Since by the lapse of time, the first respondent has already

attained majority, what remains is only the arrears of maintenance due

until she attained the age of majority. Considering the aforesaid

circumstances, I am of the view that the claim for transfer cannot be

sustained.

2024:KER:81551

Accordingly, I find no merit in this transfer petition, and it is

dismissed.

Sd/-

BECHU KURIAN THOMAS JUDGE Jka/02.11.24.

2024:KER:81551

APPENDIX OF TR.P(CRL.) 121/2019

PETITIONER'S ANNEXURES

ANNEXURE A1 THE TRUE COPY OF THE ORDER DATED 17.8.2010

ANNEXURE A2 A TRUE COPY OF THE ORDER OF THE FAMILY COURT, IRINJALAKKUDA DATED 18.6.2019 IN IA

ANNEXURE A3 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 14.8.2019 IN OP(FC) NO

ANNEXURE A4 A TRUE COPY OF THE CLR.MP NO 863/2019 IN