Transfer Petition allowed. The Court moved a pending original petition from Family Court, Kollam to Family Court, Ernakulam based on the parties last residence and presence of connected family matters in Ernakulam.
O.P. No.419/2017 withdrawn from Family Court, Kollam and transferred to Family Court, Ernakulam.
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 T.V.ANILKUMAR
FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942
Tr.P(C).No.258 OF 2018
AGAINST THE ORDER IN O.P.NO.419/2017 OF FAMILY COURT,KOLLAM
PETITIONERS:
1 BINU CHACKO, AGED 42 YEARS, S/O LATE. M.V CHACKO, MAMBAYAMANNIL HOUSE, 1769, JANATHA ROAD,THYKOODAM, VYTTILLA, ERNAKULAM-682019.
2 GRACY CHACKO, AGED 70 YEARS, W/O LATE. M.V CHACKO, MAMBAYAMANNIL HOUSE, 1769, JANATHA ROAD,THYKOODAM, VYTTILLA, ERNAKULAM-682019.
3 BINOY CHACKO, AGED 40 YEARS, S/O LATE. M.V CHACKO, MAMBAYAMANNIL HOUSE, 1769, JANATHA ROAD,THYKOODAM, VYTTILLA, ERNAKULAM-682019.
BY ADVS.SRI.JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE SRI.T.ANCY SRI.DINIC J.COYCARA SMT.N.B.FATHIMA SULFATH SMT.NIVYA VALSAN SRI.K.S.SUMEESH
RESPONDENT:
ASHA THAMBI, AGED 32 YEARS, D/O K.A THAMBI, RESIDING AT NO.10, SARA VILLA, V.P LAYOUT,
Tr.P.(C)No.258/2018
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THINDLU, VIDYARANIPURAM, BANGALORE-560097.
BY ADVS. SRI.PRATHEESH.P SRI.RENY ANTO
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Tr.P.(C)No.258/2018
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Dated this the 8th day of January,2021
O R D E R
Petitioners are the respondents in O.P. No.419/2017, now pending before Family Court, Kollam, in which the respondent herein is the petitioner, wife.
Tr.P.(C)No.258/2018
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occasion also, this Court accepted the plea of the first petitioner for transfer of an earlier original petition filed by wife before Family Court, Kollam, for divorce.
In the result, transfer petition is allowed withdrawing O.P.No.419/2017 from the file of Family Court, Kollam and it is made over to the
Tr.P.(C)No.258/2018
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Family Court, Ernakulam. The Family Court, Kollam will send up all the records immediately to Family Court, Ernakulam and transferee court shall issue notice to parties directing their appearance at an early date.
All pending interlocutory applications will stand closed.
Sd/-
T.V.ANILKUMAR,JUDGE
DST
//True copy/ P.A.To Judge
Tr.P.(C)No.258/2018
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APPENDIX
PETITIONERS' EXHIBITS:
ANNEXURE A TRUE PHOTOCOPY OF THE JUDGMENT DATED 29.03.2017 IN TR.P.C. NO. 33/2017 ANNEXURE B TRUE PHOTOCOPY NOTICE DATED 24.03.2018 IN O.P. NO. 419/2017 FILED BY THE RESPONDENT. ANNEXURE C TRUE PHOTOCOPY OF O.P. NO. 419/2017 ON THE FILES OF THE FAMILY COURT, KOLLAM.
RESPONDENT'S EXHIBITS: NIL
2 issues framed by the court
Whether the Family Court, Kollam or Family Court, Ernakulam has jurisdiction over the pending property/maintenance suit.
Whether the transfer petition should be allowed citing the last residence of parties and connected family matters in Ernakulam.
Binu Chacko
Gracy Chacko
Binoj Chacko
Asha Thambi
T.V.Anilkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
