IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN &

THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON TH THURSDAY, THE 6 DAY OF JUNE 2024 / 16TH JYAISHTA, 1946 TR.APPEAL(C) NO. 4 OF 2024 AGAINST THE ORDER DATED 01.04.2024 IN Tr.P(C) NO.132 OF

2024 OF HIGH COURT OF KERALA -------

APPELLANT:

ELDHO VARGHESE, AGED 35 YEARS, S/O. VARGHESE, NEDIYANIKUZHIYIL HOUSE, KAKKAD KARA, PIRAVOM VILLAGE, MUVATTUPUZHA, ERNAKULAM REPRESENTED BY POWER OF ATTORNEY HOLDER VARGHESE, AGED 64 YEARS, NEDIYANIKUZHIYIL HOUSE, KAKKAD KARA, PIRAVOM VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM, PIN 686664.

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BY ADV. AKHIL ALPHONSE G.

RESPONDENT:

LIYA JOSE, AGED 35 YEARS, D/O. JOSE, KOORAN HOUSE, THONDIYIL POST, KANNUR DISTRICT, KERALA, PIN 670673.

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BY ADVS.

P.JERIL BABU SRINATH GIRISH(K/340/1994)

THIS TRANSFER APPEAL(CIVIL) HAVING COME UP FOR ADMISSION ON 06.06.2024, ALONG WITH Tr.Appeal(C).5/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN &

THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON TH THURSDAY, THE 6 DAY OF JUNE 2024 / 16TH JYAISHTA, 1946 TR.APPEAL(C) NO. 5 OF 2024 AGAINST THE ORDER DATED 01.04.2024 IN Tr.P(C) NO.827 OF 2023 OF HIGH COURT OF KERALA --------

APPELLANT:

ELDHO VARGHESE, AGED 35 YEARS, S/O. VARGHESE, NEDIYANIKUZHIYIL HOUSE, KAKKAD KARA, PIRAVOM VILLAGE MUVATTUPUZHA, ERNAKULAM REPRESENTED BY POWER OF ATTORNEY HOLDER VARGHESE, AGED 64 YEARS, NEDIYANIKUZHIYIL HOUSE, KAKKAD KARA, PIRAVOM VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM, PIN 686664.

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BY ADV. AKHIL ALPHONSE G.

RESPONDENT:

LIYA JOSE, AGED 35 YEARS, D/O. JOSE, KOORAN HOUSE, THONDIYIL POST, KANNUR DISTRICT, KERALA, PIN 670673.

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BY ADVS.

P.JERIL BABU SRINATH GIRISH(K/340/1994)

THIS TRANSFER APPEAL(CIVIL) HAVING COME UP FOR ADMISSION ON 06.06.2024, ALONG WITH Tr.Appeal(C).4/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

“CR”

JUDGMENT

[Tr.Appeal(C) Nos.4 and 5 of 2024]

Harisankar V. Menon, J.

Tr. Appeal (c) No.4 of 2024 is filed against the order dated

01.04.2024 in Tr. Petition(C) No.132 of 2024. Tr. Appeal No.5 of 2024 is filed against the order dated 01.04.2024 in Tr. Petition(C)

No.827 of 2023 by a learned Single Judge of this Court.

2. The petitioner in Tr. Petition(C) No.132 of 2024 is the husband. The petitioner in Tr. Petition(C) No.827 of 2023 is the wife. The appellant (husband) and the respondent (wife) were married at Onakkoor, Muvattupuzha Taluk. It is alleged that they resided together at the residence of the husband within the jurisdiction of the Family Court, Muvattupuzha. Since their relationship was not cordial, the following petitions were presented:

(i). O.P.No.859 of 2023 is filed by the husband (appellant herein)

for divorce under the provisions of the Divorce Act, 1869 before the Family Court, Muvattupuzha.

(ii).The wife filed O.P.No.902 of 2023 seeking divorce before the Family Court, Thalassery.

(iii).The wife filed O.P.No.913 of 2023 for past maintenance before the Family Court, Thalassery.

(iv). The wife filed O.P.No.914 of 2023 before the Family Court, Thalassery seeking the return of gold and money.

3. The wife filed Tr. Petition(C) No.827 of 2023 before this Court, praying for transfer of O.P.No.859 of 2023 filed by the husband before the Family Court, Muvattupuzha to the Family Court, Thalassery. The husband filed Tr. Petition (C) No.132 of 2024 praying for transfer of O.P.No.902 of 2023 filed by the wife before the Family Court, Thalassery to the Family Court, Muvattupuzha.

4. The learned Single Judge of this Court disposed of both transfer petitions filed by the husband and wife by a common judgment dated 01.04.2024. Transfer Petition No.132 of 2024 filed by the husband is dismissed. As regards the Tr. Petition No.827 of 2023 filed by the wife, taking note of the convenience of the wife, the same is allowed and O.P.No.859 of 2023, pending before the Family Court, Muvattupuzha, is withdrawn and transferred to the Family Court, Thalassery.

5. Aggrieved by