Ganeshkumar v. Deepa K S

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 3RD DAY OF JULY 2015/12TH ASHADHA, 1937 Tr.P(C).No. 610 of 2014 --------------------------------- TRANSFER OF OP (G & W) 260/2014 OF FAMILY COURT, THODUPUZHA TO FAMILY COURT, KOTTAYAM AT ETTUMANOOR .........

PETITIONER(S)/RESPONDENT:

-------------------------------------------- GANESHKUMAR, AGED 41 YEARS, S/O.KRISHNANACHARI, KRISHNAVILASAM HOUSE, POOVANTHURUTH P.O, KOTTAYAM DISTRICT, PIN - 686 012. BY ADV. SRI.P.K.RAVISANKAR RESPONDENT(S)/PETITIONER:

-------------------------------------------- DEEPA K.S., AGED 35 YEARS, D/O. K.C VELAYUDHAN, KALARICKAL HOUSE, KUMARAMANGALAM KARA/VILLAGE/POST, THODUPUZHA TALUK, IDUKKI DISTRICT, PIN - 685 608.

BY ADVS. SRI.MATHEW JOHN SRI.DOMSON J.VATTAKUZHY THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-07-2015, ALONG WITH TPC. 695/2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

msv/

Tr.P(C).No. 610 of 2014 ------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

ANNEXURE A: TRUE COPY OF THE N OP NO.260 OF 2014, BEFORE THE FAMILY COURT, THODUPUZHA.

ANNEXURE B: TRUE COPY OF THE IA.362 OF 2014 OP 260 OF 2014 BEFORE THE FAMILY COURT, THODUPUZHA ALONG WITH THE SUPPORTING AFFIDAVIT.

ANNEXURE C: TRUE COPY OF THE OBJECTION DTD.30.10.2014 IN IA.362 OF 2014 OP 260 OF 2014 BEFORE THE FAMILY COURT, THODUPUZHA FILED BY THE RESPONDENT.

RESPONDENT(S)' ANNEXURES:

NIL //TRUE COPY// P.S.TO JUDGE Msv/

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` Tr.P.(C) Nos.610 & 695 of 2015 ````````````````````````````````````````````````````````````` Dated this the 3rd day of July, 2015

O R D E R

~ ~ ~ ~ ~ ~ Tr.P.(C) No.610/2014 is filed by the husband seeking transfer of O.P.(G&W) No.260/2014 of the Family Court, Thodupuzha to the Family Court, Kottayam at Ettumanoor. Through Tr.P.(C) No.695/2014, the wife seeks transfer of O.P.(HMA) No.1089/2014 from the Family Court, Kottayam at Ettumanoor to the Family Court, Thodupuzha. The case of the wife is that she is residing within the jurisdiction of the Family Court, Thodupuzha. 2.

Heard learned counsel for the husband and learned counsel for the wife.

3.

Learned counsel for the husband has pointed out that the child was earlier living with the husband and as per the orders of the Family Court, Thodupuzha, the child was handed over to the wife and presently, the child is residing

TrPC.610&695/2014 : 2 :

with the wife. It has come out that the child is presently residing with the wife and, therefore, this Court is satisfied that it is not just and convenient in the interest of justice to transfer O.P.(G&W) No.260/2014 from the Family Court, Thodupuzha to the Family Court, Kottayam at Ettumanoor. With regard to the other OP also, when the wife is residing within the jurisdiction of the Family Court, Thodupuzha, O.P. (HMA) No.1089/2014 of the Family Court, Kottayam at Ettumanoor has to be transferred to the Family Court, Thodupuzha.

In the result, Tr.P.(C) No.695/2014 is allowed and O.P. (HMA) No.1089/2014 of the Family Court, Kottayam at Ettumanoor is ordered to be transferred to the Family Court, Thodupuzha. Tr.P.(C) No.610/2014 stands dismissed. Sd/- (B.KEMAL PASHA, JUDGE) aks/03/07 // True Copy // PA to Judge