Allowed

Sreedevi M a v. Sreelal

Kerala HC29 Nov 2016Tr.P(C)/590/2016

Case brief

AI extract

What is this about?

The High Court allowed the petitioner's petition for transfer of a custody case from the Family Court at Alappuzha to the Family Court at Muvattupuzha. The transfer was ordered to avoid hardship for the unemployed petitioner with a minor child and to suit the child's convenience, considering she resides with her parents at Muvattupuzha.

What did the court decide?

Order Petition No. 536/2016 pending before the Family Court, Alappuzha is withdrawn and transferred to the Family Court, Muvattupuzha for disposal.

Sreedevi M a Vs Sreelal — Child Custody and Guardianship | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN

¶4

TUESDAY, THE 29TH DAY OF NOVEMBER 2016/8TH AGRAHAYANA, 1938

¶5

Tr.P(C).No. 590 of 2016 ()

¶6

TO TRANSFER OP 536/2016 OF FAMILY COURT, ALAPPUZHA TO FAMILY COURT, MUVATTUPUZHA.

¶7

PETITIONER:

¶8

SREEDEVI M A, D/O.PRAKASINI, AGED 27 YEARS, PULLUMALAYIL HOUSE, MANEED VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT-686664.

¶9

BY ADVS.SRI.C.D.DILEEP SMT.SHYLAJA VARGHESE

¶10

RESPONDENT:

¶11

SREELAL, S/O.SOMAN, AGED 34 YEARS, RAMALAYAM HOUSE, THOTTAPALLY P.O., PURAKKAD P/W 8, AMBALAPPUZHA, ALAPPUZHA DISTRICT-688561.

¶12

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶13

mbr/

¶14

Tr.P(C).No. 590 of 2016 ()

¶15

APPENDIX

¶16

PETITIONERS' ANNEXURES:

¶17

ANNEXURE	A1	: TRUE COPY OF THE PETITION AS M.C.NO.24/2016 FILED BEFORE THE HON’BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, PIRAVOM DATED 8.6.2016.
ANNEXURE	A2	: TRUE COPY OF THE PETITION FOR CUSTODY OF THE CHILD O.P.NO.536/2016 DATED 10.6.2016 BEFORE THE FAMILY COURT, ALAPPUZHA.
ANNEXURE	A3	: TRUE COPY OF THE PETITION FOR INTERIM CUSTODY I.A.NO.1064 OF 2016 DATED 10.8.2016 BEFORE THE FAMILY COURT, ALAPPUZHA.
ANNEXURE	A4	: TRUE COPY OF THE NOTICE DATED 8.11.2016.
RESPONDEN	TS'	ANNEXURES : NIL.

//TRUE COPY//

P.S. TO JUDGE

mbr/

K.RAMAKRISHNAN, J.

¶22

Tr.P.(C)No.590 of 2016

¶23

Dated this the 29^th day of November, 2016

¶24

ORDER

¶25

This petition has been filed by the petitioner seeking transfer of O.P.536/2016 of Family Court, Alappuzha to Family Court, Muvattupuzha under Section 24 of the Code of Civil Procedure.

¶26

It is alleged in the petition that the petitioner is the wife of the respondent whose marriage was solemnised on 02.02.2012 at the

¶27

residence of the petitioner at Maneed Village, Muvattupuzha and a male child was born to them in that wedlock, who is aged three years now. After sometime, their relationship strained and she had to leave the matrimonial home and is now staying along with her parents near Muvattupuzha. She is without any employment. She is depending on her parents for her livelihood. The petitioner filed M.C.24/2016 before the Judicial First Class Magistrate Court, Pirvavom, seeking reliefs under the provisions of the Protection of Women from Domestic Violence Act, 2005 and the respondent entered appearance and he is contesting the case. Petitioner also filed O.P.566/2016 before the Family Court, Muvattupuzha for divorce, and in that case also respondent entered appearance through counsel and contesting the case.

¶28

The respondent herein filed O.P.536/2016 before the

¶29

Tr.P.(C)No.590 of 2016

¶30

¶31

Family Court, Alappuzha for custody of the child. Respondent also filed I.A.1064/2016 for interim custody of the child and the petitioner appeared along with the child and thereafter the case was adjourned and there was no further direction given. She is finding it difficult to go to Alappuzha to conduct the case. Since another case is pending before the Family Court, Muvattupuzha, if this case is also transferred, no hardship will be caused to the respondent. So she prays for transfer of O.P.536/2016 pending before the Family Court, Alappuzha to Family Court, Muvattupuzha for disposal. Hence the petition.

¶32

Though notice was served on the respondent, he did not

¶33

appear.

¶34

Heard Sri.C.D.Dileep, counsel appearing for the petitioner

¶35

who argued in support of his case in the petition.

¶36

The factum regarding the marital relationship and the paternity of the child are not in dispute. It is also not in dispute that the petitioner is now residing along with the child in her parental house at Muvattupuzha. It is not in dispute that O.P.566/2016 filed by the petitioner for divorce is pending before the Family Court, Muvattupuzha. There is another case is also pending before the Judicial Fist Class Magistrate Court, Piravom as M.C.24/2016 and in these cases, the respondent is appearing. Now respondent filed

¶37

Tr.P.(C)No.590 of 2016

¶38

¶39

O.O.536/2016 for custody of the child before the Family Court, Alappuzha. It is seen from the allegations of the petition itself that the respondent filed an interim application for interim custody of the child

¶40

and the child was directed to be produced before the Family Court, Alappuzha and respondent appeared and produced the child and thereafter there is no further direction given regarding the production of the child. Since the petitioner is residing along with her parents and the child near Muvattupuzha, it will be difficult for her to go to Alappuzha to conduct the case in respect of the custody of the child filed by the respondent. Since the respondent is appearing for a case pending before the Family Court, Muvattupuzha, there will not be any difficulty for him if this case is also transferred to that court Further asking a lady with the child without employment depending on her parents for her livelihood to go to Alappuzha to conduct the case also will cause unnecessary hardship to her. Further since the child is with the mother, the convenience of the child also has to be considered while considering the question of transfer of cases involving the question of custody of the child. Considering the circumstances, this court feels that, it is necessary in the interest of justice to transfer O.P.536/2016 pending before the Family Court, Alappuzha to Family Court, Muvattupuzha for disposal.

¶41

Tr.P.(C)No.590 of 2016

¶42

¶43

So the petition is allowed and O.P.536/2016 pending before the Family Court, Alappuzha is withdrawn and transferred to Family Court, Muvattupuzha to be tried along with O.P.566/2016 pending before that court. If there is any interim order of custody passed by the court below, that will continue, but with a modification that the child will have to be produced before the Muvattupuzha, Family Court for visitorial right, if any ordered by the Family Court, Alappuzha. The Family Court, Muvattupuzha is at liberty to pass any modified order if any applied for in this regard before that court. The Family Court, Alappuzha is directed to transmit the records to Family Court, Muvattupuzha, immediately.

¶44

Registry is directed to communicate this order to both the courts immediately.

¶45

Sd/- (K. Ramakrishnan, Judge)

//True Copy//

P.A. to Judge

Tr.P.(C)No.590 of 2016

¶50

¶51

Tr.P(C) – Unemployed lady with child

¶52

This is a petition filed by the petitioner seeking transfer of OP.No... pending before the Family Court, .. to the Family Court, .. under section 24 of the Code of Civil Procedure.

¶53

It is alleged in the petition that the petitioner and the respondent are wife and husband, whose marriage was solemnized on .. at .. . They lived together as husband and wife for some time and a child was born to them in that wedlock. Thereafter their relationship strained and now they are residing separately and the petitioner is living along with her parents at … . The respondent filed OP.No.. before the Family Court, .. for dissolution of marriage. The petitioner is a lady without any employment and depending upon her parents for the livelihood of herself and the child. It is difficult for her to go to . to conduct the case. So she prays for transfer of OP.No.. pending before the Family Court, . to the Family Court, . . Hence the petition.

¶54

Though notice was served on the respondent, he remained absent.

¶55

Heard counsel for the petitioner Sri.., who argued in support of his case.

¶56

Tr.P.(C)No.590 of 2016

¶57

¶58

The fact that the petitioner and the respondent are wife and husband and their marriage was solemnized on . and a child was born to them in that wedlock is not in dispute. It is also not in dispute that now they are residing separately and the petitioner is now residing along with her parents at . with the minor child/children. The respondent filed OP.No.. before the Family Court, . for dissolution of marriage. The petitioner is a lady without any employment and depending upon her parents for the livelihood of herself and the child. Further somebody will have to accompany her to go to … to conduct the case.

¶59

It is settled law that while considering the question of transfer of cases involved in matrimonial disputes, the place of convenience of the wife will have to be considered. So it is necessary in the interest of justice to transfer OP.No.. pending before the Family Court, .. to the Family Court, … for disposal.

¶60

So the petition is allowed. OP.No.. pending before the Family Court, .. is withdrawn and transferred to the Family Court, .. for disposal. The Family Court, .. is directed to transmit the records to the Family Court, .. immediately.

¶61

Registry is directed to communicate a copy of this order to both the courts immediately.

¶62

Tr.P.(C)No.590 of 2016

¶63

Sreedevi M a v. Sreelal

Case brief

What is this about?

What did the court decide?

Sreedevi M a v. Sreelal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M.M.Abdul Kareem Vs Pareed Muhammed @ K.M.Pareed

K.S.Hamsa Vs Prasad

Canara Bank Vs Sreelatha S.B.

Vasanthakumari Vs Rajan

Josna Vs Anand George

Sojan Vs the Sub Insepctor of Police