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2022 Supreme(Online)(Ker) 77299

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANATE AUGUSTINE @ ANN AUGUSTINE – Appellant
Versus
JOMON T. JOHN – Respondent
Tr.P(C) 269/2021



IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN TUESDAY, THE 8TH DAY OF MARCH 2022 / 17TH PHALGUNA, 1943 TR.P(C) NO. 269 OF 2021 AGAINST THE ORDER/JUDGMENT IN OP 903/2020 OF FAMILY COURT, ALAPPUZHA PETITIONER/RESPONDENT IN OP 903/2020 OF FAMILY COURT, ALAPPUZHA:

ANATE AUGUSTINE @ ANN AUGUSTINE AGED 30 YEARS, D/O AUGUSTINE (LATE), HAVING ADDRESS AT COCHIN CORPORATION NO.56/2196/C5, B6, 2ND FLOOR, Y S LANE 2, YUVAJANA SAMAJAM ROAD, PANAMPILLY NAGAR, ERNAKULAM-682036. WITH PERMANENT ADDRESS AT BATHLEHEM, AR CAMP ROAD, MARIKUNNU P.O, KOZHIKODE, KERALA-673012.

BY ADVS.

PRAVEEN K. JOY SRI.E.S.SANEEJ SRI.M.P.UNNIKRISHNAN SMT.M.K.SAMYUKTHA SRI.N.ABHILASH SHRI.DEEPU RAJAGOPAL SRI.T.A.JOY RESPONDENTS/PETITIONER/2ND RESPONDENT IN OP 903/2020

1 JOMON T. JOHN AGED 38 YEARS, S/O JOHN, T.J THOTTUNGAL HOUSE, MARUTHORVATTOM P.O, CHERTHALA, ALAPPUZHA-688539.

2 DIVITH SAVARKAR

602, A-BLOCK, RENAISSANCE PARK, 3, VEER SAVARKAR ROAD, SUBRAMMANYANAGAR, MALESHWARAM WEST, BANGALORE, KARNATAKA-560055.

BY ADVS.

SAIBY JOSE KIDANGOOR S.SIBHA BENNY ANTONY PAREL THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

08.03.2022, ALONG WITH Tr.P(C).377/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN TUESDAY, THE 8TH DAY OF MARCH 2022 / 17TH PHALGUNA, 1943 TR.P(C) NO. 377 OF 2021 AGAINST THE ORDER/JUDGMENT IN OP 373/2021 OF FAMILY COURT, ALAPPUZHA PETITIONER/RESPONDENT IN OP 373/2021:

ANATE AUGUSTINE @ ANN AUGUSTINE AGED 30 YEARS D/O. AUGUSTINE (LATE), HAVING ADDRESS AT COCHIN CORPORATION NO. 56/2196/C5, B6, 2ND FLOOR, Y S LANE 2, YUVAJANA SAMAJAM ROAD, PANAMPILLY NAGAR, ERNAKULAM - 682036.

WITH PERMANENT ADDRESS AT BATHLEHEM, AR CAMP ROAD, MARIKUNNU P.O, KOZHIKODE, KERALA - 673012.

BY ADVS.

PRAVEEN K. JOY E.S.SANEEJ M.P.UNNIKRISHNAN M.K.SAMYUKTHA N.ABHILASH DEEPU RAJAGOPAL RESPONDENTS/PETITIONER IN OP 373/2021:

JOMON. T.JOHN AGED 38 YEARS S/O.JOHN, T.J. THOTTUNGAL HOUSE, MARUTHORVATTOM P.O, CHERTHALA, ALAPPUZHA - 688539 BY ADVS.

SAIBY JOSE KIDANGOOR BENNY ANTONY PAREL S.SIBHA PARVATHY VIJAYAN THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.03.2022, ALONG WITH Tr.P(C).269/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O R D E R

In these cases, the petitioner, who is the wife of the respondent seeks transfer of OP Nos.903/2020 and 373/2021 pending before the Family Court, Alappuzha to Family Court, Ernakulam to have joint consideration of the same with O.P.No.2959/2021 pending before the Family Court, Ernakulam instituted by the petitioner herein.

2. Heard both sides.

3. The learned counsel for the petitioner pressed for transfer highlighting convenience of the petitioner, who is the wife.

4. Though the learned counsel for the respondent opposed transfer formally, in view of the pendency of one matter before the Family Court, Ernakulam, it is necessary in the interest of justice to transfer these cases, taking note of the convenience of the wife. Therefore, I am inclined to transfer these cases to Family Court, Ernakulam. However, it is made clear that the contentions raised herein have no impact on the order of transfer and the Family Court shall decide the cases independently, based on the evidence adduced by both parties.

In the result, the above transfer petitions stand allowed.

OP Nos.903/2020 and 373/2021 pending before the Family Court Alappuzha shall stand transferred to Family Court, Ernakulam. Family Court, Alappuzha is directed to forward the case records of the above cases to the Family Court, Ernakulam. Parties shall appear before the Family Court, Ernakulam on 31.03.2022.

Registry shall forward a copy of this order to the Family Courts concerned, within seven days, for information and compliance.

Sd/-

A. BADHARUDEEN JUDGE nkr APPENDIX OF TR.P(C) 269/2021 PETITIONER ANNEXURES ANNEXURE-1 TRUE COPY OF THE PETITION IN OP 903/2020 BEFORE THE FAMILY COURT ALAPPUZHA DATED

10.11.20.

ANNEXURE-2 TRUE COPY OF

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