Shimmy Thomas vs. Sita Thomas

\222( ITEM NO.49 COURT NO.10 SECTION XV IA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition(s)(Civil) No(s). 1847/2014 SITA THOMAS Petitioner(s) VERSUS SHIMMY THOMAS Respondent(s) (with appln. (s) for stay and office report) WITH T.P.(C) No. 446/2015 (With appln.(s) for stay and Office Report) Date : 21/09/2015 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE C. NAGAPPAN For Petitioner(s) Mr. Nishe Rajen Shonker,Adv. Mr. Jose Abraham,Adv. For Respondent(s) Mr. Manoj V. George, Adv. Ms. Manju A. Pattiyani, Adv. Mr. Prasanth Kulambil, Adv. Mr. Jose Abraham,Adv. UPON hearing the counsel the Court made the following O R D E R Transfer Petition(C) No. 1847 of 2014 This transfer petition is dismissed. However, the petitioner-wife shall be entitled to withdraw the amount of Rs.25,000/- deposited by the respondent-husband with the Registry of this Court to meet the expenses in attending the Court. Transfer Petition(C) No. 446 of 2015 This Transfer Petition is allowed. Signature Not Verified Digitally signed by Sukhbir Paul Kaur Date: 2015.09.23 13:53:20 IST Reason: [INDU POKHRIYAL] [SUKHBIR PAUL KAUR] COURT MASTER A.R.-CUM-P.S. (Signed order is placed on the file) IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION(C) NO. 1847 OF 2014 SITA THOMAS ...PETITIONER(S) Versus SHIMMY THOMAS ...RESPONDENT(S) W I T H

TRANSFER PETITION(C) NO. 446 OF 2015

SHIMMY THOMAS ...PETITIONER(S) Versus SITA THOMAS ...RESPONDENT(S)

O R D E R

TRANSFER PETITION(C) NO. 1847 OF 2014

This Transfer Petition under Section 25 of the Code of Civil Procedure has been filed by the petitioner-wife for transfer of M.C. No. 4519 of 2014 pending before the Principal Judge, Family Court, Bangalore, Karnataka to the Family Court, Kottayam, Kerala.

We have heard learned counsel for the parties and perused the petition.

In the facts and circumstances of the case, we are not in favour of the transfer of the case. The transfer petition is, accordingly, dismissed.

However, the petitioner-wife shall be entitled to withdraw the amount of Rs.25,000/- deposited by the -2 respondent-husband with the Registry of this Court to meet the expenses in attending the Court.

TRANSFER PETITION(C) NO. 446 OF 2015

This Transfer Petition under Section 25 of the Code of Civil Procedure has been filed by the petitioner-husband for transfer of case bearing O.P. No. 1188 of 2014 titled as Sita Thomas versus Shimmy Thomas pending before the District Family Court at Kottayam, Kerala to the Court of Principal Family Judge, Family Court at Bangalore.

We have heard learned counsel for the parties and perused the petition.

In the facts and circumstances of the case, we

allow this transfer petition and transfer case bearing O.P. No. 1188 of 2014 titled as Sita Thomas versus Shimmy Thomas pending before the District Family Court at Kottayam, Kerala to the Court of Principal Family Judge, Family Court at Bangalore.

The District Family Court at Kottayam, Kerala shall transmit the record of the case to the Court of Principal Family Judge, Family Court at Bangalore.

........................J. (M.Y. EQBAL)

........................J. (C. NAGAPPAN)

New Delhi, September 21, 2015