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Judgment
A. Badharudeen, J
This is a petition filed under Section 407 of the Code of Criminal Procedure to transfer Annexure.A2 M.C.No. 237/2023 pending before the Family Court, North Paravur to Family Court, Ernakulam. The petitioner is the petitioner/wife in the above M.C.
Heard the learned counsel for the petitioner and the learned Public Prosecutor. Though notice served upon the 2nd respondent through the counsel appearing for him before the Family Court, he did not appear.
The learned counsel for the petitioner submitted that the petitioner filed Annexure.A1 (O.P. No.870/2020) before the Family Court, Ernakulam, Anneuxre.A2 M.C. No.69/2021 (renumbered as M.C. No.237/2023 before the Family Court, North Paravur and Annexure.A3 O.P. No.1853/2022 (renumbered as O.P. No.1162/2023 before the Family Court, Aluva. The respondent husband filed Annexure.A4 O.S. No.166/2022 before the 2nd Additional Sub Court, Ernakulam. It is pointed out by the learned counsel for the petitioner that, this Court as per Annexure.A5 order directed the Family Court, Ernakulam to jointly try Anneuxres.A1, A2 and A3 cases with O.S. No.166/2022. Therefore, it is necessary to transfer Annexure.A2 M.C.No. 237/2023 from Family Court, North Paravur to Family Court, Ernakulam to effectuate joint trial and to avoid conflicting findings in relation to the same parties.
On perusal of the available materials, joint trial of Anneuxres.A1, A2, A3 and A4 cases are necessary to avoid conflict of decisions. Therefore, I am inclined allow this petition. In the result, Annexure.A2 M.C.No. 237/2023 is transferred from the Family Court, North Paravur to Family Court, Ernakulam.
The Registry is directed to forward a copy of this order to the Family Courts for information and compliance. The Family Court, North Paravur is directed to transmit the records pertaining to Annexure.A2 M.C.No. 237/2023 to the Family Court, Ernakulam. The Family Court, Ernakulam is directed to post Annexure.A2 M.C.No. 237/2023 immediately on receipt of records of the same.