Transfer petition allowed; OP(G&W)No.630/2012 transferred from Family Court, Malappuram to Family Court, Ernakulam for joint trial with three other pending cases between parties.
Transfer of OP(G&W)No.630/2012 from Family Court, Malappuram to Family Court, Ernakulam along with other pending cases.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
FRIDAY, THE 28TH DAY OF OCTOBER 2016/6TH KARTHIKA, 1938
Tr.P(C).No. 169 of 2016
TO TRANSFER O.P(GW)NO. 630/2012 OF FAMILY COURT, MALAPPURAM TO FAMILY COURT, ERNAKULAM
PETITIONER(S) :
CHRISTY JOSE, AGED 34 YEARS, D/O.JOSE MATHEWS, ARUVIKKAL HOUSE, NOW RESIDING AT HOUSE NO.20, VATTEKKATTU LANE, KALOOR, COCHIN - 16.
BY ADV. SRI.VINUCHAND
RESPONDENT(S) :
O.T. MATHEWKKUTTY, S/O.UMMAN, THAIYYIL HOUSE, ILLIKKAD, EDAKKARA VILLAGE, EDAKKARA, MALAPPURAM DISTRICT, PIN- 679 332.
BY ADV. SRI.K.RAKESH
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-10-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
Tr.P(C).No. 169 of 2016
APPENDIX
PETITIONER(S)' ANNEXURES :
ANNEXURE A1: THE TRUE COPY OF THE O.P.NO. 630/2012 BEFORE THE HON'BLE FAMILY COURT AT MALAPPURAM. ANNEXURE A2: A TRUE COPY OF THE ORDER PASSED BY THIS HONOURABLE COURT IN TR.P.C.NO. 190/2013. ANNEXURE A3: A TRUE COPY OF THE ORDER DATED 23.04.2014 BY THE FAMILY COURT, MALAPPURAM IN ANNEXURE A1. ANNEXURE A4: A TRUE COPY OF I.A.NO. 664/2015 OF FAMILY COURT, MALAPPURAM. ANNEXURE A5: A TRUE COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN O.P(FC)NO. 251/2015. ANNEXURE A6: A COPY OF O.P.NO. 1712/2012 ON THE FAMILY COURT, ERNAKULAM. ANNEXURE A7: A COPY OF O.P.NO. 86/2014 IS PENDING BEFORE THE FAMILY COURT, ERNAKULAM. ANNEXURE A8: A COPY OF THE O.P.NO. 567/2014 ON THE FILE OF FAMILY COURT, MALAPPURAM
RESPONDENT(S)' ANNEXURES :
NIL
//TRUE COPY//
P.S.TO JUDGE
Msd.
K. RAMAKRISHNAN, J.
Tr.P.(C).No.169 of 2016
....................................................... Dated this the 28th day of October, 2016.
O R D E R
This is a petition filed by the petitioner to transfer OP(G&W) No.630/2012 pending before the Family Court, Malappuram to the Family Court, Ernakulam under section 24 of the Code of Civil Procedure.
Tr.P.(C).No.169 of 2016 2
set aside the ex parte decree passed against the petitioner. The petitioner herein filed a petition for divorce as OP.No.1712/2012 before the Family Court, Ernakulam evidenced by Annexure-A6 and also filed OP.No.86/2014 before the same court for return of gold ornaments. Suppressing these facts, the respondent filed OP.No.567/2014 before the Family Court, Malappuram for divorce against the petitioner evidenced by Ext.A8 and the petitioner herein filed Tr.P.(C).No.125/2015 before this court to transfer OP.No.567/2014 from Family Court, Malappurm to the Family Court, Ernakulam and the same was allowed by this court. So there are three cases now pending between the parties in the Family Court, Ernakulam. If this case is also transferred, no hardship will be caused to the respondent. It is difficult for the petitioner to go to Malappuram to conduct the case. So she prays for transfer of the case pending before the Family Court, Malappuram to the Family Court, Ernakulam. Hence this petition.
Tr.P.(C).No.169 of 2016
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objection for the same.
So the petition is allowed and OP(G&W)No.630/2012 pending before the Family Court, Malappuram is withdrawn and transferred to the Family Court, Ernakulam for disposal along with the other cases pending before that court. Both the counsel submitted that if a date is fixed for appearance of the parties, they are prepared to appear before the Family Court, Ernakulam to avoid delay in service of summons to the parties. Parties are directed to appear before the Family Court, Ernakulam on 30.11.2016 on which date the other cases pending before the Family Court, Ernakulam are now posted. The family Court, Malappuram is directed to transmit the records to the Family Court, Ernakulam before that date. If records are received, the Family Court, Ernakulam is directed to
Tr.P.(C).No.169 of 2016
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consider the question of joint trial of all the cases pending before that court between the parties on making application by any of the parties to the proceedings and try to expedite the disposal of the case taking note of the fact that the cases were of the year 2012 and 2014 as expeditiously as possible, at any rate, within four months from the date of receipt of this order.
Registry is directed to communicate a copy of this order to both the courts immediately.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl
CHRISTY JOSE
O.T. MATHEWKKUTTY
K. RAMAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
