Bijumon P.B v. Bincy Joseph

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 9TH DAY OF DECEMBER 2015/18TH AGRAHAYANA, 1937 Tr.P(Crl.).No. 39 of 2015 --------------------------------------- TO TRANSFER M.C.NO.50/2015 OF THE FAMILY COURT, KOTTAYAM AT ETTUMANUR TO FAMILY COURT, ALAPPUZHA ---------------------- PETITIONER(S)/RESPONDENT :

------------------------------------------------ BIJUMON P.B., AGED 40 YEARS, S/O.CHACKO JOSEPH, VELANKERICHIRA, KUNNAMKARY P.O., ALAPPUZHA DISTRICT.

BY ADVS.SRI.DINESH R.SHENOY SRI.SANIL JOSE RESPONDENT(S)/PETITIONERS :

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1. BINCY JOSEPH, AGED 34 YEARS, D/O.P.T.JOSEPH, PADANILATHU HOUSE, PERUNNA SADANAM EAST KARA P.O., CHANGANASSERY, KOTTAYAM DISTRICT, PIN-686 102.

2. SWETHA MARIYAM BIJU (MINOR), AGED 7 YEARS, REPRESENTED BY 1ST RESPONDENT.

3. STEVE, AGED 2 YEARS, (MINOR), REPRESENTED BY 1ST RESPONDENT.

4. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.

R1 BY ADVS. SRI.BINOY VASUDEVAN SMT.P.G.BABITHA R4 BY PUBLIC PROSECUTOR SMT.MAYA THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 09-12-2015, ALONG WITH TPC.NO.168 OF 2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

Tr.P(Crl.).No. 39 of 2015 -------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :

ANNEXURE 1:

TRUE COPY OF O.P.NO.844/2014 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, ALAPPUZHA DATED 29.12.2014.

ANNEXURE 2:

TRUE COPY OF M.C.NO.50/2015 FILED BY THE RESPONDENTS BEFORE THE FAMILY COURT, KOTTAYAM AT ETTUMANUR.

RESPONDENT(S)' ANNEXURES :

NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` Tr.P.(Crl.) No.39 of 2015 & Tr.P.(C) No.168 of 2015 ````````````````````````````````````````````````````````````` Dated this the 9th day of December, 2015

O R D E R

~ ~ ~ ~ ~ ~ Tr.P.(Crl.) No.39/2015 is filed by the husband seeking the transfer of MC.50/2015 of the Family Court, Kottayam at Ettumanoor to the Family Court, Alappuzha and Tr.P.(C) No.168/2015 is filed by the wife seeking the transfer of O.P.844/2014 of the Family Court, Alappuzha to the Family Court, Kottayam at Ettumanoor. It has come out that the husband is residing at Kidangara and the wife is residing at Changanassery.

2.

On hearing either side, it has come out that it is just and convenient to transfer OP No.844/2014 of the Family Court, Alappuzha to the Family Court, Kottayam at

Tr.P.Crl.39/2015 & Tr.P.C.168/2015 : 2 :

Ettumanoor. The request for transfer of MC.50/2015 of the Family Court, Kottayam at Ettumanoor to the Family Court, Alappuzha cannot be entertained.

In the result, Tr.P.(C) No.168/2015 is allowed and OP No.844/2014 of the Family Court, Alappuzha is ordered to be transferred to the Family Court, Kottayam at Ettumanoor. Tr.P.(Crl.) No.39/2015 is dismissed.

Sd/- (B.KEMAL PASHA, JUDGE) aks/09/12 // True Copy // PA to Judge