Neethu Mathew vs Robin Mathew - Court Judgment

SooperKanoon Citationsooperkanoon.com/1286770
SubjectMiscellaneous
CourtKerala High Court
Decided OnMar-27-2024
Case NumberTr.P(C)/41/2024
JudgeHonourable Dr. Justice Kauser Edappagath
AppellantNeethu Mathew
RespondentRobin Mathew
Excerpt:
in the high court of kerala at ernakulampresent the honourable dr. justice kauser edappagath wednesday, the 27th day of march 2024 / 7th chaithra, 1946 tr.p(c) no. 41 of 2024 against the order/judgment dated in opgw no.1182 of 2023 of family court, kannurpetitioner/respondent: neethu mathew aged 35 years, d/o. mathew, munthirangattukunnel house, nedumpuramchal, poolakkutty.p.o., kanichar village, iritty taluk, kannur dt., pin - 670650 by advs. v.t.madhavanunni v.a.satheesh respondent/petitioner: robin mathew aged 40 years s/o.mathew.p.v., parayil house, thekkenmavu, thirumeni.p.o., thirumeni village, payyannur taluk, kannur dt.,, pin - 670511 this transfer petition (civil) having come up for admission on 27.03.2024, the court on the same day delivered the following: ..2..orderthis transfer petition has been filed to transfer o.p.gw no.1182/2023 pending before the family court, kannur to the family court, thalassery.2. i have heard the counsel for the petitioner. there is no appearance for the respondent inspite of the receipt of the notice.3. m.c.no.281/2023 filed by the petitioner against therespondent for maintenance is pending before the family court, thalassery. it is just and proper that both matters are heard and decided by the very same court. hence, this transfer petition is allowed. o.p.gw no.1182/2023 pending before the family court, kannur is withdrawn and transferred to the family court, thalassery to try along with m.c.no.281/2023. sd/- dr. kauser edappagath judge apa ..3.. appendix of tr.p(c) 41/2024 petitioner annexures annexure a1 true copy of the notice issued to the petitioner by family court, kannur in i.a. no.2/2023 in o.p. no.1182/2023annexure a2 true copy of the application for interim custody together with the supporting affidavit in i.a.no.2/2023 ino.p(g&w)no.1182/2023 on the file of family court, kannur. annexure a3 true copy of the counter objection dated 23.12.2023 filed by the petitioner in i.a.no.2/2023 in o.p.no(g&w)no.1182/2023 on the file of family court, kannur. annexure a4 true copy of the petition in m.c. no.281/2023 pending on the file of the family court, thalassery
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946 TR.P(C) NO. 41 OF 2024 AGAINST THE ORDER/JUDGMENT DATED IN OPGW NO.1182 OF 2023 OF FAMILY COURT, KANNUR

PETITIONER/RESPONDENT: NEETHU MATHEW AGED 35 YEARS, D/O. MATHEW, MUNTHIRANGATTUKUNNEL HOUSE, NEDUMPURAMCHAL, POOLAKKUTTY.P.O., KANICHAR VILLAGE, IRITTY TALUK, KANNUR DT., PIN - 670650 BY ADVS. V.T.MADHAVANUNNI V.A.SATHEESH RESPONDENT/PETITIONER: ROBIN MATHEW AGED 40 YEARS S/O.MATHEW.P.V., PARAYIL HOUSE, THEKKENMAVU, THIRUMENI.P.O., THIRUMENI VILLAGE, PAYYANNUR TALUK, KANNUR DT.,, PIN - 670511 THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..

ORDER

This Transfer Petition has been filed to transfer O.P.GW No.1182/2023 pending before the Family Court, Kannur to the Family Court, Thalassery.

2. I have heard the counsel for the petitioner. There is no appearance for the respondent inspite of the receipt of the notice.

3. M.C.No.281/2023 filed by the petitioner against the

respondent for maintenance is pending before the Family Court, Thalassery. It is just and proper that both matters are heard and decided by the very same Court. Hence, this transfer petition is allowed. O.P.GW No.1182/2023 pending before the Family Court, Kannur is withdrawn and transferred to the Family Court, Thalassery to try along with M.C.No.281/2023. Sd/- DR. KAUSER EDAPPAGATH JUDGE APA ..3.. APPENDIX OF TR.P(C) 41/2024 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER BY FAMILY COURT, KANNUR IN I.A. NO.2/2023 IN O.P. NO.1182/2023

ANNEXURE A2            TRUE COPY OF THE APPLICATION FOR INTERIM
                       CUSTODY   TOGETHER   WITH   THE   SUPPORTING
                       AFFIDAVIT      IN      I.A.NO.2/2023      IN

O.P(G&W)NO.1182/2023 ON THE FILE OF FAMILY COURT, KANNUR. ANNEXURE A3 TRUE COPY OF THE COUNTER OBJECTION DATED 23.12.2023 FILED BY THE PETITIONER IN I.A.NO.2/2023 IN O.P.NO(G&W)NO.1182/2023 ON THE FILE OF FAMILY COURT, KANNUR. ANNEXURE A4 TRUE COPY OF THE PETITION IN M.C. NO.281/2023 PENDING ON THE FILE OF THE FAMILY COURT, THALASSERY