Nisha John v. Priju Davis
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937 Tr.P(C).No. 569 of 2014 () --------------------------- (I.A.NO.3478/2013 IN OP.NO. 599/2011 OF FAMILY COURT, IRINJALAKUDA TO FAMILY COURT, THRISSUR) ---------------- PETITIONER(S)/RESPONDENTS:
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1. NISHA JOHN, D/O.PUDUSSERIPPADY JOHN , W/O.PRIJU DAVIS, THRIKKUR VILLAGE, MUKUNDAPURAM TALUK, NOW RESIDING AT PUDUSSERIPADY HOUSE, PANAMUKKU, NEDUPUZHA PO, THRISSUR- 680 015
2. MINOR MABEL,D/O.PRIJU DAVIS, REP. BY MOTHER & NATURAL GUARDIAN, NISHA JOHN, PUDUSSERIPADY HOUSE, PANAMUKKU, NEDUPUZHA.P.O., THRISSUR -680 015
3. MINOR EXWIN, D/O.PRIJU DAVIS, MOTHER NISHA JOHN, PUDUSSERIPADY HOUSE, PANAMUKKU, NEDUPUZHA P.O.,THRISSUR -680 015 BY ADV. SRI.DILIP J. AKKARA RESPONDENT(S)/PETITIONER:
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1. PRIJU DAVIS, ARIMBUR ADAMBUKULAM HOUSE, NADUVATTOM P.O., THIRUVEGAPPURAM VILLAGE, OTTAPALAM TALUK, PALAKKAD DISTRICT- 679 308
2. DEVASSYKUTTY, ARIMBUR ADAMBUKULAM HOUSE, AMMADAM P.O, PARALAM, THRISSUR -680 563.
3. MARY,W/O.DEVASSYKUTTY, ARIMBUR ADAMBUKULAM HOUSE, AMMADAM P.O, PARALAM, THRISSUR -680 563 R1 BY ADV. SRI.G.UNNIKRISHNAN THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts
Tr.P(C).No. 569 of 2014 APPENDIX PETITIONER'S ANNEXURES:
ANNEX 1 COPY OF THE O.P.NO.1005/10 DATED 11/6/10 IN THE FILE OF FAMILY COURT, THRISSUR.
ANNEX 2 COPY OF THE M.C.NO.543/10 DATED 28/10/10 IN THE FILE OF FAMILY COURT, THRISSUR.
ANNEX 3 COPY OF THE O.P.NO.599/12 DATED 14/12/11 OF FAMILY COURT, IRINJALAKUDA FILED BY 1ST RESPONDENT ANNEX 4 COPY OF THE IA.NO.3478/13 DATED 29/8/13 IN OP.NO.599/12 OF FAMILY COURT, IRINJALAKUDA RESPONDENT'S ANNEXURES:
NIL /TRUE COPY/ P.S.TO JUDGE sts
B.KEMAL PASHA, J.
................................................................ Tr.P.(C) No.569 of 2014 ............................................................... Dated this the 2nd day of June, 2015
O R D E R
Petitioners are seeking transfer of Annexure-4 IA 3478/13 filed in OP 599/2012 pending before the Family Court, Irinjalakuda to the Family Court, Thrissur. The said OP was filed by the husband of the first petitioner seeking divorce. The said OP was originally filed before the Family Court, Thrissur. On the formation of the Family Court, Irinjalakuda, the matter was transferred to Family Court, Irinjalakuda. At the same time, it seems that OP 1005/2010 filed by the first petitioner is pending before the Family Court, Thrissur. Similarly, M.C.No.543/2010 filed by the petitioners is also pending before the Family Court, Thrissur.
Tr.P.(C) 569 of 2014 -: 2 :- 2.
The first respondent has no objection. Service on the 2nd respondent is declared as complete. Heard learned counsel for the petitioner and the learned counsel for the first respondent.
3.
On going through the facts and circumstances of the case, and on hearing either side, it has come out that it is just and convenient in the interest of justice to transfer IA 3478/13 in OP 599/12 pending before the Family Court, Irinjalakuda to the Family Court, Thrissur.
In the result, this Transfer Petition is allowed and IA 3478/13 in OP 599/12 pending before the Family Court, Irinjalakuda is transferred to the Family Court, Thrissur. the Family Court, Irinjalakuda is directed to transmitt the entire case records in OP 599/12 also along with the IA. Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge