Disposed
Prasob Muther M. v. Namitha Ramachandran
Kerala HCTr.P(C)/660/2023
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from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 8TH DAY OF APRIL 2024 / 19TH CHAITHRA, 1946
TR.P(C) NO. 407 OF 2023
TO TRANSFER OP NO.690 OF 2021 OF FAMILY COURT, KANNUR TO FAMILY COURT, THRISSUR PETITIONER/RESPONDNET IN O.P.NO.690/2021:
PRASOB MUTHER M. AGED 43 YEARS S/O PAVITHRAN 'DAIVIK' THALIYIL, ANDOOR AMSOM DESOM, THALIPARAMBA TALUK, KALLIASSERI P.O., KANNUR- 670562 PRESENTLY RESIDING AT FLAT NO.3E, AVENUE HEIGHTS APARTMENT, MASTER AVENUE ROAD, KURIACHIRA P.O., THRISSUR DISTRICT – 680006.
BY ADV MINI. M.R.
RESPONDENT/PETITIONER IN O.P.NO.690/2021:
NAMITHA RAMACHANDRAN AGED 35 YEARS D/O RAMACHANDRAN, KANNARATH VALAPPIL HOUSE, KANNAPURAM AMSOM DESOM CHUNDA, MOTTAMMAL P.O., KANNUR DISTRICT, PIN - 670331
BY ADV LEENA C
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2024, ALONG WITH TR.P(C).652/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TR.P(C) NOs.407, 652 & 660 OF 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 8TH DAY OF APRIL 2024 / 19TH CHAITHRA, 1946
TR.P(C) NO. 652 OF 2023
TO TRANSFER OPDIV NO.705 OF 2021 OF FAMILY COURT, KANNUR TO FAMILY COURT, THRISSUR PETITIONER/PETITIONER IN O.P.NO.705/2021:
PRASOB MUTHER
AGED 43 YEARS S/O PAVITHRAN 'DAIVIK' THALIYIL, ANDOOR AMSOM DESOM, THALIPARAMBA TALUK, KALLIASSERI P.O., KANNUR- 670562 PRESENTLY RESIDING AT FLAT NO.3E, AVENUE HEIGHTS APARTMENT, MASTER AVENUE ROAD, KURIACHIRA P.O., THRISSUR DISTRICT, PIN - 680006
BY ADV MINI. M.R.
RESPONDENT/RESPONDENT IN O.P.NO.705/2021:
NAMITHA RAMACHANDRAN
AGED 35 YEARS D/O RAMACHANDRAN, KANNARATH VALAPPIL HOUSE, KANNAPURAM AMSOM DESOM CHUNDA, MOTTAMMAL P.O., KANNUR DISTRICT, PIN - 670331
BY ADV LEENA C
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2024, ALONG WITH TR.P(C).407/2023, 660/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TR.P(C) NOs.407, 652 & 660 OF 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 8TH DAY OF APRIL 2024 / 19TH CHAITHRA, 1946
TR.P(C) NO. 660 OF 2023
TO TRANSFER OP NO.816 OF 2021 OF FAMILY COURT, KANNUR TO FAMILY COURT, THRISSUR
PETITIONER/RESPONDENT IN OP NO.816 OF 2021 :
PRASOB MUTHER M. AGED 43 YEARS S/O PAVITHRAN 'DAIVIK' THALIYIL, ANDOOR AMSOM DESOM, THALIPARAMBA TALUK, KALLIASSERI P.O., KANNUR- 670562 PRESENTLY RESIDING AT FLAT NO.3E, AVENUE HEIGHTS APARTMENT, MASTER AVENUE ROAD, KURIACHIRA P.O., THRISSUR DISTRICT, PIN - 680006
BY ADV MINI. M.R.
RESPONDENT/RESPONDENT IN OP NO.816 OF 2021:
NAMITHA RAMACHANDRAN AGED 35 YEARS D/O RAMACHANDRAN, KANNARATH VALAPPIL HOUSE, KANNAPURAM AMSOM DESOM CHUNDA, MOTTAMMAL P.O., KANNUR DISTRICT, PIN - 670331
BY ADV LEENA C
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2024, ALONG WITH TR.P(C).652/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TR.P(C) NOs.407, 652 & 660 OF 2023
O R D E R
All these Transfer Petitions are filed to transfer three cases pending between the husband and wife at the Family Court, Kannur to Family Court, Thrissur.
2 Heard the learned counsel for the petitioner and the counsel appearing for the respondent.
TR.P(C) NOs.407, 652 & 660 OF 2023
Family Court, Kannur. It is further submitted that all the four cases (O.P.(Div.) No.705 of 2021, O.P.No.690 of 2021, O.P.No.816 of 2021 and M.C.No.210 of 2021) are tried jointly
and are ripe for trial. Hence, the personal appearance of the husband is necessary at Kannur only for giving evidence.
Kannur, to finish off the entire evidence of the husband on a single day. Hence, these transfer petitions are disposed of as follows:
Sd/- DR.KAUSER EDAPPAGATH, JUDGE
AS
TR.P(C) NOs.407, 652 & 660 OF 2023
APPENDIX OF TR.P(C) 407/2023
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE O.P. 690/2021 BY THE RESPONDENT DATED 26.07.2021 ANNEXURE2 TRUE COPY PF THE COUNTER IN OP 690/2021 FILE BY THE PETITIONER ANNEXUREA3 TRUE COPY OF THE I.A. 2/ 2021 IN O.P. 690/2021 DATED 26.07.2021 ANNEXUREA4 TRUE COPY OF THE COUNTER IN I.A. 2/ 2021 IN O.P. 690/2021 DATED 09.08.2021 ANNEXUREA5 TRUE COPY OF THE ORDER IN I.A2/2021 IN O.P. 690/2021 DATED 09.08.2021 ANNEXUREA6 TRUE COPY OF FIR IN CRIME NO 804/2021 DATED 09.11.2021 OF KANNAPURAM POLICE STATION, KANNUR DISTRICT ANNEXUREA7 TRUE COPY OF THE ORDER IN O.P.FC 497 / 2021 DATED 29.11.2021 ANNEXUREA8 TRUE COPY OF THE UNIQUE DISABILITY ID OF THE YOUNGER BOY CHILD ISSUED BY THE TALUK HEAD QUARTERS HOSPITAL THALIPARAMBA, KANNUR ANNEXUREA9 TRUE COPY OF THE TREATMENT CERTIFICATE ISSUED BY THE ORTHOPAEDIC SURGEON DR. ASHWIN KUMAR K. DATED 15.06.2023 ANNEXURE A10 TRUE COPY OF THE LETTER FROM THE TRIDENT CRICKET ACADEMY KURIACHIRA, THRISSUR DATED 07.06.2023 ANNEXURE11 TRUE COPY OF THE ORDER DATED 31.03.2023 IN IA 23/2023 IN OP 690/2011 ANNEXURE12 TRUE COPY OF THE ORDER IN OP FC 232/2023 DATED 19.05.2023
TR.P(C) NOs.407, 652 & 660 OF 2023
APPENDIX OF TR.P(C) 652/2023
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE PETITION FILED IN O.P. 705/2021 BY THE PETITIONER DATED 28.07.2021
ANNEXURE A2 OBJECTION IN OP 705/2021 FILED BY THE RESPONDENT ANNEXURE A3 TRUE COPY OF FIR IN CRIME NO 804/2021 DATED 07.11.2021 OF KANNAPURAM POLICE STATION, KANNUR DISTRICT ANNEXURE 4 TRUE COPY OF THE UNIQUE DISABILITY ID OF THE YOUNGER BOY CHILD ISSUED BY THE TALUK HEAD QUARTERS HOSPITAL THALIPARAMBA, KANNUR ANNEXURE 5 TRUE COPY OF THE TREATMENT CERTIFICATE ISSUED BY THE ORTHOPAEDIC SURGEON DR. ASHWIN KUMAR K. DATED 15.06.2023 ANNEXURE A6 TRUE COPY OF THE LETTER FROM THE TRIDENT CRICKET ACADEMY KURIACHIRA, THRISSUR DATED 07.06.2023
ANNEXURE A7 TRUE COPY OF THE INTERIM ORDER STAYING PROCEEDINGS IN THE FAMILY COURT IN OP 690/2021
TR.P(C) NOs.407, 652 & 660 OF 2023
APPENDIX OF TR.P(C) 660/2023
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE OP NO 816 OF 2021 FILED BY THE RESPONDENT DATED 12.08.2021
ANNEXURE A2 THE COUNTER STATEMENT FILED BY THE PETITIONER HEREIN IN OP NO 816 OF 2021
ANNEXURE A3 TRUE COPY OF FIR IN CRIME NO 804/2021 DATED 07.11.2021 OF KANNAPURAM POLICE STATION, KANNUR DISTRICT
ANNEXURE A4 TRUE COPY OF THE UNIQUE DISABILITY ID OF THE YOUNGER BOY CHILD ISSUED BY THE TALUK HEAD QUARTERS HOSPITAL THALIPARAMBA, KANNUR
ANNEXURE A5 TRUE COPY OF THE TREATMENT CERTIFICATE ISSUED BY THE ORTHOPAEDIC SURGEON DR. ASHWIN KUMAR K. DATED 15.06.2023
ANNEXURE A6 TRUE COPY OF THE LETTER FROM THE TRIDENT CRICKET ACADEMY KURIACHIRA, THRISSUR DATED 07.06.2023
ANNEXURE A7 TRUE COPY OF THE INTERIM ORDER STAYING PROCEEDINGS IN THE FAMILY COURT IN OP 690/2021
1 issue framed by the court
Whether the three Family Court, Kannur cases should be transferred to Family Court, Thrissur on the ground of the husband's disabled child residing with him.
Prasob Muther M.
Namitha Ramachandran
Kauser Edappagath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court