Kerala High Court
M.N.Jayaprakash vs Presanna Kumari on 19 August, 2020
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 19TH DAY OF AUGUST 2020 / 28TH SRAVANA,
1942
Tr.P(Crl.).No.15 OF 2019
M.C.No.169/2018 OF FAMILY COURT, PATHANAMTHITTA
PETITIONER/RESPONDENT:
M.N.JAYAPRAKASH,
AGED 67 YEARS, S/O. NEELAKANDAN, KARTHIKA
BHAVANAM, THAZHEVETTIPPURAM, PATHANAMTHITTA
VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA
DISTRICT, NOW RESIDING TEMPORARILY IN VARIOUS
LODGES AT PATHANAMTHITTA AND OFFICE ADDRESS AT
P.K.R CENTRE, NEAR K.S.R.T.C STATION,
PATHANAMTHITTA
BY ADVS.
SRI.V.SETHUNATH
SRI.V.R.MANORANJAN
RESPONDENT/COMPLAINANT:
1 PRESANNA KUMARI,
AGED 56 YEARS, W/O.M.N.JAYAPRAKASH, KARTHIKA
BHAVANAM, THAZHEVETTIPPURAM, PATHANAMTHITTA
VILLAGE, KOZENCHERRY TALUK, PATHANAMTHITTA
DISTRICT-689 645
2 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM
SRI.NIRMAL V. NAIR
THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY
HEARD ON 19.08.2020, ALONG WITH Tr.P(C).202/2020, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
Tr.P (Crl) No. 15/2019 &
Tr.P (C) No. 202 of 2020
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 19TH DAY OF AUGUST 2020 / 28TH SRAVANA, 1942
Tr.P(C).No.202 OF 2020
OP 154/2020 OF FAMILY COURT, PATHANAMTHITTA
PETITIONER:
PRASANNA KUMARI,
AGED 58 YEARS, W/O.M.N.JAYAPRAKASH, RESIDING AT
KARTHIKA BHAVAN, THAZHEVETTIPURAM,
MUNDUKOTTAKKAL.P.O, PATHANAMTHITTA VILLAGE,
KOZHENCHERY TALUK, PATHANAMTHITTA-689649
BY ADV. SRI.NIRMAL V NAIR
RESPONDENT:
M.N.JAYAPRAKASH,
AGED 69 YEARS, S/O.NEELANKANDAN, P.K.R CENTRE,
OPPOSITE PATHANAMTHITTA KSRTC BUS STAND,
ABOVE AJANTHA STUDIO, PATHANAMTHITTA-689645
R1 BY ADV. SRI.V.SETHUNATH
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 19.08.2020, ALONG WITH Tr.P(C).15/2019, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
Tr.P (Crl) No. 15/2019 &
Tr.P (C) No. 202 of 2020
3
Tr.P (Crl) No. 15 of 2019
and
Tr.P (C) No. 202 of 2020
-----------------------------------------------
ORDER
The issues arising for consideration in these two matters being one and the same, they are disposed of by this common order. The parties are referred to as they appear in Transfer Petition (Criminal) No.15 of 2019.
2. Transfer Petition (Criminal) No.15 of 2019 is one instituted in respect of M.C.No.169 of 2018 pending before the Family Court, Pathanamthitta and Transfer Petition (Civil) No.202 of 2020 is one instituted in respect of O.P. No.154 of 2020 pending before the very same court. Both the proceedings are instituted by the respondent against the petitioner. Both petitioner and respondent want these proceedings to be transferred out of the Family Court, Pathanamthitta.
3. When this matter was taken up, the learned counsel for the parties on either side submitted that there are Tr.P (Crl) No. 15/2019 & Tr.P (C) No. 202 of 2020 4 other proceedings also between the parties and they are pending before the Family Court, Thiruvalla.
In the light of the submission made by the learned counsel, I deem it appropriate to transfer M.C.No.169 of 2018 as also OP No.154 of 2020 on the files of the Family Court, Pathanamthitta to the files of the Family Court, Thiruvalla. Ordered accordingly. The Family Court, Pathanamthitta shall transfer the records of the cases forthwith to the Family Court, Thiruvalla.
Sd/-
P.B.SURESH KUMAR, JUDGE.
YKB Tr.P (Crl) No. 15/2019 & Tr.P (C) No. 202 of 2020 5 APPENDIX OF Tr.P(Crl.) 15/2019 PETITIONER'S/S EXHIBITS:
ANNEXURE-1 THE TRUE COPY OF THE PETITION SUBMITTED BY THE 1ST RESPONDENT IN MC. NO.169/2018 ON THE FILE OF THE FAMILY COURT, PATHANAMTHITA ANNEXURE-2 TRUE COPY OF THE ORDER IN TR.P(CRL) NO.11 OF 2018 ON THE FILE OF THIS COURT RESPONDENT'S/S EXHIBITS:
NIL //TRUE COPY// PA TO JUDGE Tr.P (Crl) No. 15/2019 & Tr.P (C) No. 202 of 2020 6 APPENDIX OF Tr.P(C) 202/2020 PETITIONER'S/S EXHIBITS:
ANNEXURE A1 A TRUE COPY OF THE JUDGMENT DATED 27.6.2018 IN TR.P(CRL) 11/2018 ON THE FILES OF THIS HONOURABLE COURT ANNEXURE A2 A TRUE COPY OF THE O.P.NO.727/2018 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, PATHANAMTHITTA ANNEXURE A3 A TRUE COPY OF THE OP NO.1247/2018 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, PATHANAMTHITTA ANNEXURE A4 A TRUE COPY OF THE COMMON ORDER DATED
4.09.2019 IN TR.P(C)NO.77/2019 AND TR.P(C) 82/2019 ON THE FILES OF THIS HONOURABLE COURT ANNEXURE A5 A TRUE COPY OF THE OP NO.154/2020 ON THE FILES OF THE FAMILY COURT, PATHANAMTHITTA ANNEXURE A6 A TRUE COPY OF THE AFFIDAVIT AND PETITION DATED 25.2.2020 FILED BY THE RESPONDENT RESPONDENT'S/S EXHIBITS:
NIL //TRUE COPY// PA TO JUDGE