Kerala High Court
Vinu Varghese vs Dyna Merry Aniyan on 7 November, 2024
Tr.P.(C) No.485 of 2024 1
2024:KER:82782
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946
TR.P(C) NO. 485 OF 2024
OP NO.255 OF 2020 OF FAMILY COURT, PATHANAMTHITTA
PETITIONERS/RESPONDENT:
1 VINU VARGHESE, AGED 31 YEARS
S/O PAPPALIL YACOB VARGHESE, PAPPALILVEEDU,
MANNAM KARA, KOTTUVALLY VILLAGE PARAVURTALUK,
ERNAKULAM DIST, PIN - 683520
2 VARGHESE P.Y .,AGED 59 YEARS
S/O. YACOB PAPPALILVEEDU, MANNAM KARA,
KOTTUVALLY VILLAGE, PARAVUR TALUK,
ERNAKULAM DIST, PIN - 683520
3 MARY VARGHESE ,AGED 56 YEARS
W/O. PAPPALIL YACOB VARGHESE, PAPPALIL VEEDU,
MANNAM KARA, KOTTUVALLY VILLAGE, PARAVURTALUK,
ERNAKULAM, PIN - 683520
BY ADVS. JOHN JOSEPH(ROY)
CIBY GEORGE
RESPONDENT/PETITIONER:
DYNA MERRY ANIYAN,AGED 28 YEARS
W/O VINU,D/O ANIYAN MON PAPPACHAN CHEPPALLIL,
SANKEERTHANAMVEEDU, CHOORAKKODE KARA, ERATHU
VILLAGE, ADOOR TALUK, PÄTHANAMTHITTÅ, PIN - 691551
BY ADVS. MANU RAMACHANDRAN,M.KIRANLAL(K/963/2009)
T.S.SARATH(K/257/2012),R.RAJESH (VARKALA)(K/78/2000)
SAMEER M NAIR(K/000481/2017),SAILAKSHMI
MENON(K/1518/2021),JOTHISHA K.A.(K/123/2022)
SHIFANA M.(K/000936/2023)
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 07.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Tr.P.(C) No.485 of 2024 2
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VIJU ABRAHAM, J.
.................................................................
Tr.P.(C) No.485 of 2024
.................................................................
Dated this the 7th day of November, 2024
ORDER
The petitioners have approached this Court seeking transfer of
O.P. No.255 of 2020 on the file of the Family Court, Pathanamthitta to
the Family Court, Adoor.
2. When the matter came up for consideration the learned
counsel for the respondent brought to my notice Annexure-R1(c)
common order dated 22.03.2023 in Tr.P(C) Nos.777, 779, 781 and 787
of 2022 which are transfer petitions filed by the 1 st petitioner herein,
wherein Tr.P(C) No.787 of 2022 was seeking transfer of O.P. No.255 of
2020 pending before the Family Court, Pathanamthitta to the Family
Court, Thiruvananthapuram. This Court as per Annexure-R1(c) common
order permitted the 1st petitioner to withdraw the transfer petitions
unconditionally without liberty to file any further transfer petitions.
A perusal of Annexure-R1(c) common order would reveal that
the court was reluctant to permit the 1 st petitioner to withdraw the
transfer petitions, but taking a lenient view permitted him to
unconditionally withdraw the transfer petitions without liberty to file any
further transfer petition. Now the petitioners have approached this Court
2024:KER:82782
seeking transfer of the original petition filed as O.P.No.255 of 2020 from
the Family Court, Pathanamthitta to the Family Court, Adoor. But it is to
be noted that Annexure-R1(c) common order is not seen mentioned in
the present transfer petition. In view of the specific interdiction in
Annexure-R1(c) common order that permission is granted to withdraw
the transfer petitions without liberty to file any further transfer petition, I
am of the view that the present transfer petition cannot be entertained. If
the petitioners wish to file a fresh transfer petition, they have to seek
modification of the earlier order produced as Annexure-R1(c).
Transfer petition (Civil) is accordingly dismissed.
Sd/-
VIJU ABRAHAM
JUDGE
cks
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APPENDIX OF TR.P(C) 485/2024
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE O.P.NO.255 OF 2020 ,AN
ORIGINAL PETITION FILED BY THE WIFE FOR
REALIZATION OF PATRIMONY AND GOLD
ORNAMENTS
Annexure 2 TRUE COPY OF THE COMMON JUDGMENT IN THE
4 TRANSFER PETITIONS IN TR .P ( C) 269
OF 2020 AND CONNECTED CASES DATED 10-
03-2021
Annexure 3 TRUE COPY OF THE JUDGMENT DATED 25-11-
2022 IN O.P ( FC) NO. 637 OF 2022 OF
THIS HON'BLE COURT
