The Court dismissed a habeas corpus petition and ordered the transfer of three pending matrimonial cases between a husband and wife from two Family Courts to the newly established Family Court at Irinjalakuda for expeditious disposal, directing the Court to minimize personal appearances.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.T.SANKARAN & THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 28TH DAY OF JUNE 2012/7TH ASHADHA 1934 WP(Crl.).No. 98 of 2012 (S) ---------------------------
PETITIONER:
SURESH KUMAR, AGED 36 YEARS S/O.VASUDEVAN, “SOUPARNIKA” SCHOOL OF DANCE & MUSIC KANJIRAMPARA, MARUTHAMKUZHY VATTIYOOR P.O., THIRUVANANTHAPURAM DISTRICT BY ADVS.SMT.MINI GANGADHARAN SRI.N.C.SAJUNAM
RESPONDENTS:
BY ADV. SRI.P.SANTHOSH (PODUVAL) BY ADV. SMT.R.RAJITHA BY D.G.P., SHRI T ASAF ALI
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 28-06-2012, ALONG WITH TPC.NOS.10, 33 & 256 OF 12, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.T.SANKARAN & M.L.JOSEPH FRANCIS JJ.,
- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl.) No.98 of 2012, Tr.P(C) Nos.10, 33 and 256 of 2012
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Dated this the 28th day of June, 2012
JUDGMENT
K.T. Sankaran J.,
In all the aforesaid four cases, the parties are substantially the same. The dispute is between Suresh Kumar (hereinafter referred to as 'the husband') and his wife, Gayathri Menon (hereinafter referred to as 'the wife'). The marriage of Suresh Kumar and Gayathri Menon took place on 12.9.2002. A child was born in that wedlock, now aged about 5 years. Disputes arose between the parties to the marriage. Allegations and counter allegations have been made by them in plenty. For deciding the Writ Petition, as well as the Transfer Petitions, it is not necessary to refer to those disputes or to arrive at a finding in those disputes.
W.P.(Crl.) No.98/12 & Cnncted. Cases : 2 :
alleging that the child is in the illegal custody of his mother-in-law.
It is not disputed that the wife belongs to Thrissur and she is residing with her mother at Thrissur. The husband belongs to Thiruvananthapuram.
W.P.(Crl.) No.98/12 & Cnncted. Cases : 3 :
the Family Court, Thrissur. The wife also filed Transfer Petition No.33 of 2011 to transfer O.P. No.1772 of 2011 filed by the husband (before the Family Court, Nedumangadu) to the Family Court, Thrissur.
W.P.(Crl.) No.98/12 & Cnncted. Cases : 4 :
matrimonial disputes between them. If reference to those disputes is made, prejudice will be caused to both parties in the cases pending before the Family Courts. Therefore, we conveniently avoid reference to those disputes.
(a) O.P. No.2404 of 2011 pending before the Family Court,
W.P.(Crl.) No.98/12 & Cnncted. Cases : 5 :
Thrissur shall stand transferred to the Family Court, Irinjalakuda.
(b) O.P. No.1773 of 2011 pending before the Family Court, Nedumangadu shall stand transferred to the Family Court, Irinjalakuda.
(c) O.P. No.1772 of 2011 pending before the Family Court, Nedumangadu shall also stand transferred to the Family Court, Irinjalakuda.
(d) The respective Courts shall send the records to the Family Court, Irinjalakuda. The parties shall appear before the Family Court, Irinjalakuda on 2.8.2012. The Family Court, Irinjalakuda shall dispose of the cases as expeditiously as possible.
W.P.(Crl.) No.98/12 & Cnncted. Cases : 6 :
SD
K.T. SANKARAN, (JUDGE)
SD
M. L. JOSEPH FRANCIS, (JUDGE)
dl/
3 issues framed by the court
Whether pending matrimonial proceedings inconciliation/preliminary nature justify filing habeas corpus for child custody accounting for the legal relationship
Whether transfer of all three pending matrimonial matters to a single Family Court is appropriate to ensure expedited disposal and avoid prejudice to both parties
Whether the Family Court should be directed to dispense with personal appearances of the parties unless absolutely essential
SURESH KUMAR
SUB INSPECTOR OF POLICE ANTHIKKADU
GAYATHRI MENON
ARUNA K MENON
K.T. SANKARAN
M.L. JOSEPH FRANCIS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
