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Arun.S. vs Deepa.V

ARUN.S. vs Deepa.V

Type Court Judgment Court Kerala Decided Sep 08, 2021
~3 min read
https://sooperkanoon.com/case/1630594

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Tr.P(C)/322/2021

Parties & Advocates

Appellant / Petitioner

ARUN.S.

Respondent

Deepa.V

Excerpt

.....neeba a.b. anju treesa george this transfer petition (civil) having come up for admission on 08.09.2021, the court on the same day delivered the following:judgmentthe petitioners seek transfer of op(g&w) no.1548 of 2020 on the files of the family court, attingal to the family court, ernakulam. the short facts are as under; the marriage between the 1st petitioner and the respondent was solemnised on 14.07.2009 and they have two children in the wedlock. marital discord between the spouses resulted in a spate of litigations, of which 4 original petitions are pending before the family court, ernakulam. based on an interim arrangement, one child is residing with the 1st petitioner and one child with the respondent. according to the petitioners, the wife is also residing at ernakulam and it will be convenient for all parties if the original petition filed by her is also transferred to the family court, ernakulam.2. learned counsel for the respondent fairly submits that therespondent has no objection in the transfer petition being allowed. accordingly, the transfer petition is allowed. op(g&w) no.1548 of 2020 on the files of the family court, attingal shall forthwith be transferred to the family court, ernakulam. sd/- v.g.arun judge scs appendix of tr.p(c) 322/2021 petitioner annexure annexure a1 true copy of the op. no. 2836/2019 on the file of the family court, ernakulam dated 24.11.2019 under the guardians and wards act. annexure a2 true typed copy of the b diary proceedings dated 11.12.2019 of the family court, ernakulam. annexure a3 true copy of the proof affidavit in m.c.no. 409/2017 filed by the respondent before the family court, ernakulam dated 24.09.2020. annexure a4 true copy of the interlocutory application for joint trial in o.p no. respondent to the petitioners dated nil. annexure a5 true copy of the o.p.no. 1548/2020 on the file of the family court, attingal dated 07.12.2020.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943 FOR TRANSFERRING OP(G&W) NO.1548/2020 OF FAMILY COURT, ATTINGAL, TO THE FAMILY COURT, ERNAKULAM PETITIONERS/RESPONDENTS: 1 ARUN.S. AGED 38 YEARS S/O. SULOCHANA KURUP, SREELOCHANAM, MAMOM, KIZHUVILAM P.O, ATTINGAL, THIRUVANANTHAPURAM - 695104, PRESENTLY RESIDING AT SB2, TOWNHOUSE, ANSAL'S RIVERDALE, EROOR, ERNAKULAM - 682028.

2 N. SULOCHANA KURUP AGED 74 YEARS S/O. NARAYAN KURUP, SREELOCHANAM, MAMOM, KIZHUVILAM P.O, ATTINGAL, THIRUVANANTHAPURAM - 695104. 3 SREEKUMARI AMMA AGED 67 YEARS W/O. N.SULOCHANA KURUP, SREELOCHANAM, MAMOM, KIZHUVILAM P.O, ATTINGAL, THIRUVANANTHAPURAM - 695104. BY ADV K.G.RAJEESH RESPONDENT/PETITIONER: DEEPA.V AGED 39 YEARS D/O.K. CHANDRASEKHARA PILLAI, FLAT NO. 6 B, VB MIST, THANAPADAM ROAD, KAKKANAD, PIN - 682030. BY ADVS. SHAIJAN C.GEORGE NEEBA A.B. ANJU TREESA GEORGE THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioners seek transfer of OP(G&W) No.1548 of 2020 on the files of the Family Court, Attingal to the Family Court, Ernakulam. The short facts are as under; The marriage between the 1st petitioner and the respondent was solemnised on 14.07.2009 and they have two children in the wedlock. Marital discord between the spouses resulted in a spate of litigations, of which 4 Original Petitions are pending before the Family Court, Ernakulam. Based on an interim arrangement, one child is residing with the 1st petitioner and one child with the respondent. According to the petitioners, the wife is also residing at Ernakulam and it will be convenient for all parties if the Original Petition filed by her is also transferred to the Family Court, Ernakulam.

2. Learned counsel for the respondent fairly submits that the

respondent has no objection in the Transfer Petition being allowed. Accordingly, the Transfer Petition is allowed. OP(G&W) No.1548 of 2020 on the files of the Family Court, Attingal shall forthwith be transferred to the Family Court, Ernakulam. Sd/- V.G.ARUN JUDGE scs APPENDIX OF TR.P(C) 322/2021 PETITIONER ANNEXURE Annexure A1 TRUE COPY OF THE OP. NO. 2836/2019 ON THE FILE OF THE FAMILY COURT, ERNAKULAM DATED 24.11.2019 UNDER THE GUARDIANS AND WARDS ACT. Annexure A2 TRUE TYPED COPY OF THE B DIARY PROCEEDINGS DATED 11.12.2019 OF THE FAMILY COURT, ERNAKULAM. Annexure A3 TRUE COPY OF THE PROOF AFFIDAVIT IN M.C.NO. 409/2017 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, ERNAKULAM DATED 24.09.2020. Annexure A4 TRUE COPY OF THE INTERLOCUTORY APPLICATION FOR JOINT TRIAL IN O.P NO. RESPONDENT TO THE PETITIONERS DATED NIL. Annexure A5 TRUE COPY OF THE O.P.NO. 1548/2020 ON THE FILE OF THE FAMILY COURT, ATTINGAL DATED 07.12.2020.

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