Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 15TH DAY OF JANUARY 2013 25TH POUSHA 193 Tr.P(C).No. 42 of 2012 () ------------------------- AGAINST THE ORDER/JUDGMENT IN OP.706/2011 PETITIONER/RESPONDENT: ------------------------------------------------ DAISY @ ALPHONSA W/O. SUNNY,PARAYAKUNNEL HOUSE CHEMBAKAPPARA KARA KATTAPPANA VILLAGE IDUKKI DISTRICT NOW WORKING AS SENIOR DPO-O/MAS NGO ANNEXURE CHENNAI DIVISION SOUTHERN RAILWAY PORT TOWN,CHENNAI. BY ADV. SRI.M.R.SARIN PANICKER RESPONDENT(S)/IST PETITIONER/2ND RESPONDENT: ---------------------------------------------------------------------------------------- 1. SUNNY @ A PREM S/O. THOMAS,THAMARAKUNNU KARA CHIRAKKADAVU VILLAGE KANJIRAPPILLY TALUK KOTTAYAM NOW RESIDING AT SENIOR DPO-O/MAS NGO ANNEXURE CHENNAI DIVISION SOUTHERN RAILWAY PORT WON CHENNAI -3.
2. AJAY PRASAD LOCKO PLOT,MUNNI RATINAM STATION AYYAOABOO NAIDU COLONY,CHENNAI-3. R1 BY ADV. SRI.BIJU .C. ABRAHAM THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-01- 2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.CHITAMBARESH,J.
= = = = = = = = = = = Tr.P.(C) No. 42 of 2012 = = = = = = = = = = = == = = = = Dated this the 15th day of January, 2013 ORDER
The petitioner is working as a senior officer in the Southern Railways as disclosed in the cause title of the Transfer Petition (Civil). The petitioner has not taken steps to effect service of notice on the second respondent despite several opportunities granted. The second respondent is very much a party to O.P(Div) No.706/2011 which is sought to be transferred from the Family Court, Kottayam to the Family Court, Thodupuzha. No transfer can be ordered behind the back of a party to the petition for divorce pending before the Family Court. I have no option other than to dismiss the Transfer Petition for non prosecution. V.CHITAMBARESH. JUDGE smm 2 3