High Court of KeralaTr.P(Crl.)/91/2014allowed

Raji Sibi v. Sibi Thomas

2015-01-21Honourable Mr. Justice P.Ubaid3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 21ST DAY OF JANUARY 2015/1ST MAGHA, 1936 Tr.P(Crl.).No. 91 of 2014 --------------------------- IN MC 1/2013 of FAMILY COURT, ERNAKULAM PETITIONER/PETITIONE:

-------------------- RAJI SIBI, AGED 43 YEARS, W/O.SIBI THOMAS, NOW RESIDING AT DREAMFLOWER VILLA, VIVEK NAGAR, PADAM STOP, K.P.VALLON ROAD, KADAVANTHRA, ERNAKULAM, COCHIN - 682 026.

BY ADVS.SMT.GISA SUSAN THOMAS SMT.K.S.SHALEEJA SMT.NEENU.P.KUMAR RESPONDENT/RESPONDENT:

------------------------ SIBI THOMAS @ MATHEW THOMAS, AGED 46 YEARS, S/O.TOMY MATHEW, KADHALIKATTIL ESTATE, CHANDANAPPARA MAVADI P.O., NEDUMKANDAM, IDUKKI DISTRICT - 670 833.

THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 21-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Tr.P(Crl.).No. 91 of 2014 APPENDIX PETITIONER'S ANNEXURES:

ANNEXURE A1: COPY OF THE M.C NO.1/2013 FILED BEFORE THE FAMILY COURT, ERNAKULAM ANNEXURE A2: COPY OF THE ORDER DATED 18.8.2014 IN TR.P(C) 157/2013.

ANNEXURE A3: COPY OF THE FIR IN CRIME NO.200/2013 DATED 24.2.2013 RESPONDENT'S ANNEXURES: NIL //TRUE COPY// P.A TO JUDGE ab

P.UBAID, J.

--------------------------------------- Tr.P(Crl) No.91 of 2014 --------------------------------------- Dated this the 21st day of January, 2015 O R D E R The petitioner herein is the petitioner in M.C. No.1/2013 now pending before the Family Court, Ernakulam. It is a maintenance claim brought by her under Section 125 of the Code of Criminal Procedure. She seeks transfer of the said case to the Family Court, Kattappana, on the ground that another proceeding brought by her as O.P No.2276/2012 is now pending before the Family Court, Kattappana, and that such transfer will not cause any prejudice to the respondent, who is in fact a resident of Nedumkandam, coming within the jurisdiction of Family Court, Kattappana. The respondent is absent inspite of notice. It appears that he does not object the request because he will also be benefited when the case is transferred to Kattappana.

In the result, this Transfer Petition is allowed. M.C No.1/2013 of Family Court, Ernakulam will stand transferred to the Family Court, Kattappana (Idukki District). The learned Judge of the Family Court, Ernakulam will transmit the records of M.C No.1/2013 to the Family Court, Kattappana, without any delay. P.UBAID ab JUDGE