Anitha Kesavadas v. K.Babukuttan Pillai
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 23RD DAY OF JULY 2015/1ST SRAVANA, 1937 Tr.P(C).No. 4 of 2014 () ------------------------- ( O.P. 554/2013 of FAMILY COURT, MUVATTUPUZHA) PETITIONER/RESPONDENT IN OP:
-------------------------------------------------- ANITHA KESAVADAS, D/O KESAVADAS, AGED 46 YEARS, SRIVANI, PERANDOOR ROAD, KALOOR, COCHIN 17.
BY ADVS.SRI.T.M.RAMAN KARTHA SRI.JOSEPH RONY JOSE SMT.O.A.NURIYA RESPONDENT/ PETITIONER IN OP:
---------------------------------------------------- K.BABUKUTTAN PILLAI, S/O LATE KUNJIKRISHNA PILLAI, AGED 54 YEARS,AYINIKKATTUVEEDU, KIDANGAYAM, NORTH MYNAGAPPILLY, KARUNAGAPALLY KOLLAM, NOW RESIDING AT SNOW VALLEY, WEST MORAKALA, KUMARAPURAM, ERNAKULAM 683565.
BY ADVS. SRI.V.P.REGHURAJ SRI.V.SHYAM THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: vmr.
Tr.P(C).No. 4 of 2014 () ------------------------------ APPENDIX PETITIONERS ANNEXURES:
--------------------------------------- ANNEXURE 1 - TRUE COPY OF O.P 554/2013 OF THE FAMILY COURT, MUVATTUPPUZHA.
ANNEXURE II - TRUE COPY OF THE NOTICE IN O.P. 554/2013 A OF THE FAMILY COURT, MUVATTUPUZHA.
ANNEXURE III - TRUE COPY OF THE DIRECTION ISSUED BY THIS HONOURABLE COURT IN OP(FC) 4366/2012.
ANNEXURE IV - TRUE COPY OF THE ORDER IN THE REVIEW PETITION FILED BY THE PETITIONER.
RESPONDENTS ANNEXURES : NIL ------------------------------------------------ /TRUE COPY/ P.S.TO JUDGE vmr.
B.KEMAL PASHA, J.
==================== Tr.P.(C)No.4 of 2014 ===================== Dated this the 23rd day of July, 2015
O R D E R
Heard the learned counsel for the petitioner and the learned counsel for the respondent.
2. The petitioner wife seeks for the transfer of O.P.No.554 of 2013 of the Family Court, Muvattupuzha filed by the respondent husband against the petitioner, to the Family Court, Ernakulam. It seems that other matters between the parties like O.P.No.600 of 2010, O.P.No.1521 of 2011, O.P.No.508 of 2011 and E.P.No.6 of 2011 of the Family Court, Ernakulam were disposed of. Presently, O.P.No.592 of 2013 filed by the respondent before the Family Court, Ernakulam is still pending.
Tr.P.(C)No.4 of 2014
3. According to the learned counsel for the respondent, the respondent is not standing in the way of a transfer. At the same time, it has been pointed out that Family Court, Muvattupuzha has presently jurisdiction in the matter. Whatever it is, when the other matters between the parties were disposed of by the Family Court, Ernakulam and another O.P. filed by the respondent against the petitioner is still pending before the Family Court, Ernakulam, it is just and convenient in the interest of justice to transfer O.P.No.554 of 2013 of the Family Court, Muvattupuzha also, to the Family Court, Ernakulam, especially when the petitioner is still residing at Kaloor. In the result, this Transfer Petition (Civil) is allowed and O.P.No.554 of 2013 of the Family Court, Muvattupuzha is transferred to the Family Court, Ernakulam.
Sd/- B.KEMAL PASHA JUDGE DSV/23/7/15