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2018 Supreme(Online)(KER) 64690

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH

FRIDAY ,THE 14TH DAY OF SEPTEMBER 2018 / 23RD BHADRA, 1940

Tr.P(C).No. 443 of 2018

IN OP(DIV) 917/2018 of FAMILY COURT,TRIVANDRUM

PETITIONER/S:

TERESA JOY

D/O JOY JOSEPH K, AGED 30 YEARS, RESIDING AT

KAIPARAMPIL HOUSE, MANIYAMKUNNU, POONJAR, KOTTAYAM-

686581.

BY ADV. SRI.NIRMAL V NAIR

RESPONDENT/S:

AJU FRANCIS GEORGE

S/O GEORGEKUTTY DEVASSIA, AGED 33 YEARS, RESIDING AT

11/368, PULLUKATTUPARAMBIL, MANCHADIVILA

LANE,NANDANCODE, THIRUVANANTHAPURAM-695003.

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

14.09.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Tr.P(C).No. 443 of 2018

2

This transfer petition is filed by the wife for

transfer of O.P.(DIV) 917 of 2018, now pending before

the Family Court, Thiruvananthapuram to Family

Court, Ettumanoor.

2.

The case of the petitioner is that the

petitioner has filed M.C.No.124 of 2018, before the

Family Court, Ettumanoor, seeking maintanence from

the respondent. Now the prayer is to transfer O.P.

(DIV) 917 of 2018 filed by the respondent herein,

from the Family Court, Thiruvananthapuram to Family

Court, Ettumanoor. Surely, here is a case where an

interim stay was granted.

3.

O.P.(DIV) 917 of 2018 is filed by the

husband. Under such circumstances, the respondent

will be aware of the proceedings herein. Moreover,

when the matter came up for admission, the service of

3

notice is declared as complete as per order in

I.A.No.2 of 2018.

4.

Considering the totality of case, O.P.(DIV)

917 of 2018, now pending before the Family Court,

Thiruvananthapuram is hereby transferred to Family

Court, Ettumanoor. The petitioner is at liberty to

surely move before the court below for joint trial

with any other matter and if such an application is

filed, it can be considered on merit. While

transmitting the file, the

Family Court,

Thiruvananthapuram shall give a posting date for the

appearance of the parties in Family Court, Ettumanoor

and notify the same on the notice board.

Thus, the Transfer Petition (Civil) is allowed.

Sd/-

K.P.JYOTHINDRANATH

RK/27.09.2018

JUDGE

4

APPENDIX

PETITIONER'S/S EXHIBITS:

ANNEXURE 1

A TRUE COPY OF O.P.(DIV.) 917/2018 ON THE

FILES OF THE FAMILY COURT, THIRUVANANTHAPURAM.

ANNEXURE 2

A TRUE COPY OF M.C.124/2018 ON THE FILES OF

THE FAMILY COURT, ETTUMANOOR.

RESPONDENT'S/S EXHIBITS:NIL

//TRUE COPY//

PA TO JUDGE

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