Kerala High Court
Indu S vs Thomas @ Manoj E.J on 6 November, 2017
Author: Anil K.Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
MONDAY, THE 6TH DAYOF NOVEMBER 2017/15TH KARTHIKA, 1939
Tr.P(C).No. 637 of 2017
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TO TRANSFER O.P.NO.367/2017 OF FAMILY COURT, KASARGOD TO FAMILY
COURT, THALASSERY
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PETITIONER(S) :
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INDU S.,
AGED 30 YEARS, W/O.MANOJ E.J.,
LAL BHAVAN, EDAYANNUR P.O.,
KANNUR DISTRICT, PIN-670 595.
BY ADVS. SRI.C.P.PEETHAMBARAN
SMT.MINI.V.A.
RESPONDENT(S) :
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THOMAS @ MANOJ E.J.,
AGED 34 YEARS, S/O.JOSE,
ELAVUNGAL HOUSE, BALAL P.O.,
KALLAN CHIRA, KASARGOD DISTRICT.
BY ADVS. SRI.PHILIP T.VARGHESE
SRI.THOMAS T.VARGHESE
SMT.ACHU SUBHA ABRAHAM
SMT.V.T.LITHA
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLYHEARD
ON 06-11-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Msd.
Tr.P(C).No. 637 of 2017
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APPENDIX
PETITIONER(S)' ANNEXURES :
ANNEXURE A1: TRUE COPY OF M.C.NO. 173/2017 FILED BY
THE PETITIONER BEFORE THE FAMILY COURT,
THALASSERY.
ANNEXURE A2: TRUE COPY OF O.P.NO.367/2017 FILED BY
THE RESPONDENT BEFORE FAMILYCOURT, KASARGOD.
RESPONDENT(S)' ANNEXURES :
NIL
//TRUE COPY//
P.A.TO JUDGE
Msd.
ANIL K.NARENDRAN, J.
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Tr.P.(C) No.637 of 2017
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Dated this the 6th day of November, 2017
O R D E R
The petitioner, who is the respondent in O.P.No.367/2017 pending on the file of the Family Court, Kasargod, has filed this transfer petition under Section 24 of the Code of Civil Procedure, 1908, seeking an order to transfer the said original petition from the Family Court, Kasargod, to the Family Court, Thalassery. O.P.No.367/2017 is one filed by the respondent/husband seeking a decree declaring the marriage as null and void.
2. On 5.10.2017, when this transfer petition came up for admission, this Court admitted the case on file and issued urgent notice to the respondent by speed post. This Court has also granted interim stay of all further proceedings in O.P.No.367/2017 pending on the file of the Family Court, Kasargod, for a period of one month and the said interim order was extended by two weeks on 3.11.2017.
3. Heard the learned counsel for the petitioner/wife and also the learned counsel for the respondent/husband.
4. During the course of arguments, it is submitted by the learned counsel for the respondent/husband that respondent has no objection in ordering transfer of O.P.No.367/2017 pending before Tr.P.C No.637 of 2017 2 the Family Court, Kasargod to the Family Court, Thalassery.
5. In such circumstances, O.P.No.367/2017 pending before the Family Court, Kasargod is withdrawn and transferred to the Family Court, Thalassery.
6. The Family Court, Kasargod is directed to transmit the records to the Family Court, Thalassery. The Registry is directed to communicate a copy of this order to both the courts immediately.
7. Both parties shall appear before the Family Court, Thalassery, on 04.12.2017.
This Transfer petition is disposed of as above. All pending interlocutory applications are closed.
Sd/-
ANIL K.NARENDRAN, JUDGE rmm/7/11/2017 // True Copy // P.A. To Judge