Ambili vs Jaison

Type Court Judgment Court Kerala Decided Oct 29, 2021

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Citation: sooperkanoon.com/1682351
Court: Kerala High Court
Judge: Honourable Mr.Justice V.G.Arun
Decided On: Oct 29, 2021
Case Number: Tr.P(C)/468/2019

Parties & Advocates

Appellant / Petitioner

Ambili

Respondent

Jaison

Excerpt

.....petitioner/s: ambili aged 31 years d/o.alexander, olappurath house, mathilakam desom, thrissur district. by advs. m.shaju purushothaman sri.k.s.rajesh respondent/s: jaison aged 33 years s/o.johny, puthussery house, pallippuram kara, kuzhuppilli village, kochi taluk, pin-683514. this transfer petition (civil) having come up for admission on 29.10.2021, the court on the same day delivered the following: -2-orderdated this the 29th day of october, 2021 petitioner/wife has filed this original petition seeking transfer of o.p.no.1350 of 2019 filed by the respondent/husband, from the family court, ernakulam to the family court, irinjalakuda. it is seen that by order dated 18.12.2018 in tr.p.(c) no.591 of 2018, this court had transferred o.p.no.1999 of 2018 filed by the respondent from the family court, ernakulam to the family court, irinjalakkuda. in such circumstances, it would be beneficial for both parties to have all the cases tried and decided by the same court.2. despite service of notice, there is no appearance for the respondent.3. having heard the learned counsel for the petitioner and being guided by the decision of the honourable supreme court in sumita singh v -3-kumar sanjay and another [(2001) 10 scc 41], rajani kishor pardeshi v kishor babulal pardeshi [ (2005) 12 scc 237], i am inclined to allow the request for transfer.in the result, the tr.p.c no.468 of 2019 is allowed. o.p.no.1350 of 2019 on the files of the family court, ernakulam shall forthwith be transferred to the family court, irinjalakkuda. sd/- v.g.arun judge scl/ -4- appendix of tr.p(c) 468/2019 petitioner annexure annexure a the true copy of o.p.1350/2019 filed before the family court, ernakulam dated 11.6.2019. annexure b the true copy of the order in trp(civil) 591/2018 passed by the honourable high court of kerala dated 18.12.2018.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943 TR.P(C) NO. 468 OF 2019 OP 1350/2019 OF FAMILY COURT, ERNAKULAM PETITIONER/S: AMBILI AGED 31 YEARS D/O.ALEXANDER, OLAPPURATH HOUSE, MATHILAKAM DESOM, THRISSUR DISTRICT. BY ADVS. M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENT/S: JAISON AGED 33 YEARS S/O.JOHNY, PUTHUSSERY HOUSE, PALLIPPURAM KARA, KUZHUPPILLI VILLAGE, KOCHI TALUK, PIN-683514. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

ORDER

Dated this the 29th day of October, 2021 Petitioner/wife has filed this original petition seeking transfer of O.P.No.1350 of 2019 filed by the respondent/husband, from the Family court, Ernakulam to the Family Court, Irinjalakuda. It is seen that by order dated 18.12.2018 in Tr.P.(C) No.591 of 2018, this Court had transferred O.P.No.1999 of 2018 filed by the respondent from the Family Court, Ernakulam to the Family Court, Irinjalakkuda. In such circumstances, it would be beneficial for both parties to have all the cases tried and decided by the same court.

2. Despite service of notice, there is no appearance for the respondent.

3. Having heard the learned Counsel for the petitioner and being guided by the decision of the Honourable Supreme Court in Sumita Singh v -3-

Kumar Sanjay and another [(2001) 10 SCC 41], Rajani Kishor Pardeshi v Kishor Babulal Pardeshi [ (2005) 12 SCC 237], I am inclined to allow the request for transfer.

In the result, the Tr.P.C No.468 of 2019 is allowed. O.P.No.1350 of 2019 on the files of the Family Court, Ernakulam shall forthwith be transferred to the Family Court, Irinjalakkuda. Sd/- V.G.ARUN JUDGE Scl/ -4- APPENDIX OF TR.P(C) 468/2019 PETITIONER ANNEXURE ANNEXURE A THE TRUE COPY OF O.P.1350/2019 FILED BEFORE THE FAMILY COURT, ERNAKULAM DATED 11.6.2019. ANNEXURE B THE TRUE COPY OF THE ORDER IN TRP(CIVIL) 591/2018 PASSED BY THE HONOURABLE HIGH COURT OF KERALA DATED 18.12.2018.

Same Court & Year Kerala · 2021 Same Parties Ambili vs Jaison Same Judge Honourable Mr.Justice V.G.Arun