Allowed

Sasidharan v. Ratheesh Chandran V.R.

Kerala HC15 Nov 2016Tr.P(C)/446/2016

Case brief

AI extract

What is this about?

Transfer petition filed by maternal grandparents to shift a pending child custody case from Family Court, Thodupuzha, to Family Court, Mavelikkara, where the child resides with them, considering the mother works abroad and distance constraints.

What did the court decide?

OP(G&W) No.251/2016 transferred from Family Court, Thodupuzha to Family Court, Mavelikkara; records to be transmitted; parties to appear on 14.12.2016.

Sasidharan Vs Ratheesh Chandran V.R. — Pension and Retirement Benefits | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN

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TUESDAY, THE 15TH DAY OF NOVEMBER 2016/24TH KARTHIKA, 1938

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Tr.P(C).No. 446 of 2016 ()

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TO TRANSFER OP(G&W) 251/2016 OF FAMILY COURT, THODUPUZHA TO FAMILY COURT, THODUPUZHA.

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PETITIONER(S):

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1. SASIDHARAN, AGED 60 YEARS, THAMPI BHAVANAM, KALLIMEL PO, KOCHALUMMOOD, MAVELIKKARA, ALAPPUZHA DISTRICT.

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2. RAMANI, AGED 57 YEARS, W/O.SASIDHARAN, THAMPI BHAVANAM, KALLIMEL PO, KOCHALUMMOOD, MAVELIKKARA, ALAPPUZHA DISTRICT.

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BY ADVS.SRI.B.PRAMOD

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SRI.S.K.SAJI SMT.R.REJI (ATTINGAL)

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RESPONDENT(S):

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1. RATHEESH CHANDRAN V.R., AGED 34 YEARS, S/O.RAMACHANDRAN, VADAKKUVEEDU HOUSE, KANJIRAMATTOM KARA, THODUPUZHA VILLAGE, THODUPUZHA TALUK.

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2. OMANA, W/O.RAMACHANDRAN, AGED 55 YEARS, VADAKKUVEEDU HOUSE, KANJIRAMATTOM KARA, THODUPUZHA VILLAGE, THODUPUZHA TALUK.

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3. RAMACHANDRAN, AGED 64 YEARS, VADAKKUVEEDU HOUSE, KANJIRAMATTOM KARA, THODUPUZHA VILLAGE, THODUPUZHA TALUK.

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BY ADVS. SRI.GEORGE MATHEW SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMARAN SRI.SUNIL KUMAR A.G SRI.DIPU JAMES

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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Tr.P(C).No. 446 of 2016 ()

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APPENDIX

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PETITIONERS’ ANNEXURE:

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ANNEXURE I : TRUE COPY OF THE MEMORANDUM IN O.P.(G&W) NO.251/2016 OF THE FAMILY COURT, THODUPUZHA. ANNEXURE II: TRUE COPY OF THE FINAL BILL SHOWING ADMISSION IN SANJEEVANI MULTI SPECIALTY HOSPITAL, CHENGANNOOR. ANNEXURE III: TRUE COPY OF THE O.P. BILL SHOWING CONSULTATION AS AN OUTPATIENT IN AMRITA INSTITUTE OF MEDICAL SCIENCES, KOCHI. RESPONDENTS' ANNEXURES: NIL.

//TRUE COPY//

P.S. TO JUDGE

mbr/

K. RAMAKRISHNAN, J.

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....................................... Tr.P.(C).No.446 of 2016

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........................................ Dated this the 15^th day of November, 2016.

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O R D E R

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This is a petition filed by the petitioners seeking transfer of OP.(G&W)No.251/2016 of the Family Court, Thodupuzha to the Family Court, Mavelikkara under section 24 of the Code of Civil Procedure.

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It is alleged in the petition that the petitioners are the grandparents of the child and respondents 2 and 3 in OP(G&W). No.251/2016 of the Family Court, Thodupuzha. The first respondent therein was the daughter by name Saranya, who was given in marriage to the first respondent herein. The respondents herein, who are the husband and paternal grandparents of the child, filed OP(G&W).No.251/2016 on the file of the Family Court, Thodupuzha for getting permanent custody of the child evidenced by Annexure-A1. The mother of the child is now working abroad and it was the second marriage for both and the child by name Theertha Ratheesh was born to them in that wedlock. The child is aged 9 months and the child is now with the maternal grandparents. After the birth of the child, due to some difference of opinion, the spouses are residing separately. The child is left in the care of the maternal grandparents, who are the petitioners herein as the mother of the child is working abroad. They belong to Mavelikkara and the child

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Tr.P.(C).No.446 of 2016 2

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is living along with the maternal grandparents at Mavelikkara. The respondents herein filed Annexure-1 petition as OP(G&W). No.251/2016 before the Family Court, Thodupuzha for appointing the first respondent father of the child as guardian and also for permanent custody. The petitioners are finding it difficult to go to Thodupuzha to conduct the case. The child is suffering from allergic diseases and undergoing treatment in Sanjeevani Multi Specialty Hospital, Chengannur. So they want to transfer the case to the Family Court, Mavelikkara. Hence this petition.

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Both the petitioners and respondents and the mother of the child were present before this court along with the child as directed by the court to explore the possibility of settlement by referring the matter for mediation and they were referred to mediation, but the mediation failed.

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Heard Sri. B. Pramod, learned counsel appearing for the petitioners and Sri.K.S. Hariharaputhran, learned counsel appearing for the respondents.

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Counsel for the petitioners submitted that the petitioners, who are the grandparents, with whom the child is now finding it difficult to go to Thodupuzha to conduct the case. So it is in the interest of the child, the case has to be transferred to the Family Court, Mavelikkara.

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On the other hand, counsel for the respondents

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Tr.P.(C).No.446 of 2016 3

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submitted that though there was a direction to produce the child, the petitioners did not produce the child and they are violating the orders of the court. Further, respondents 2 and 3 are paternal grandparents of the child. It will be difficult for them to go to Mavelikkara to conduct the case and the mother of the petitioner had not filed the application as she is working abroad.

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It is an admitted fact that the daughter of the petitioners by name Saranya married the first respondent and a female child was born to them in that wedlock. It is the second marriage of both of them. The petitioners are the maternal grandparents of the child and the first respondent herein is the father and respondents 2 and 3 are the paternal grandparents of the child. Admittedly, after some time their relationship strained and they are now residing separately. The child is now with the petitioners. The mother of the child is working abroad. The father is also working abroad. The respondents herein filed OP(G&W). No.251/2016 before the Family Court, Thodupuzha for appointing the first respondent herein, the father, as guardian of the child and also for getting permanent custody of the child. Admittedly, the child is now residing with the petitioners in Mavelikkara. It is difficult for the petitioners to take the child to Thodupuzha, if a direction has been given for visitorial right at Thodupuzha. In the case of custody of the child, the residence of the child will

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Tr.P.(C).No.446 of 2016 4

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have to be considered for transfer of the cases. Admittedly, the child is with the maternal grandparents at Maveikkara. So under such circumstances, this court feels that it is necessary in the interest of justice to transfer OP(G&W) No.251/2016 pending before the Family Court, Thodupuzha to the Family Court, Mavelikkara for disposal.

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So the petition is allowed and OP (G&W).No.251/2016 pending before the Family Court, Thodupuzha is withdrawn and transferred to the Family Court, Mavelikkara for disposal. The direction given by the Family Court, Thodupuzha to produce the child for visitorial right of the respondents herein can continue with a modification that if as and when required, the Family Court, Mavelikkara can pass appropriate orders regarding the production of the child before that court, if any application has been made for that purpose before that court. For the time being, if the parties want to see the child, the Family Court, Mavelikkara can make any interim arrangement regarding the same on the basis of the request made by the parties before that court. The Family Court, Mavelikkara is directed to expedite the disposal of the case considering the fact that it is a case relating to the custody of the child. The Family Court, Thodupuzha is directed to transmit the records to the Family Court, Mavelikkara immediately. Both the counsel submitted that if a date is fixed

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Tr.P.(C).No.446 of 2016

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for their appearance, they are prepared to appear before the Family Court, Mavelikkara. Parties are directed to appear before the Family Court, Mavelikkara on 14.12.2016 either personally or through their counsel. The parties shall appear in person before the Family Court, Mavelikkara whenever their presence is required for the purpose of counselling, mediation and also for the purpose of trial.

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Registry is directed to communicate a copy of this order to both the courts immediately. Interim order of stay granted is hereby vacated and IA.Nos.1943/2016 and 2623/2016 are hereby dismissed.

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Sd/-

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K. RAMAKRISHNAN, JUDGE.

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Sasidharan v. Ratheesh Chandran V.R.

Case brief

What is this about?

What did the court decide?

Sasidharan v. Ratheesh Chandran V.R.

Case brief

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