This transfer appeal was dismissed. The Court rejected the challenge to the learned Single Judge's order transferring a custody petition (O.P. (G&W) No. 1175/2015) from the Family Court, Attingal, to the Family Court, Ernakulam, citing no illegality.
Transfer Appeal dismissed; impugned transfer order affirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE A.HARIPRASAD
WEDNESDAY, THE 6TH DAY OF JANUARY 2016/16TH POUSHA, 1937
Tr.Appeal(C).No. 1 of 2016 IN Tr.P(C).648/2015
AGAINST THE ORDER IN Tr.P(C) 648/2015 of HIGH COURT OF KERALA DATED 10-12-2015
APPELLANT/RESPONDENT:
SUNEESHKUMAR, S/O.LATE SUDHAKARAN AGED 42 YEARS, RESIDING AT 'VARNAM', PUNNAMOODU VARKALA VILLAGE, THIRUVANANTHAPURAM DISTRICT.
BY ADVS.SRI.M.R.RAJESH SMT.E.S.SANDHYA
RESPONDENT/RESPONDENT:
BHUVANESWARI, W/O.LATE GOPALAN AGED ABOUT 57 YEARS, KOLLAMPARAMBIL VEEDU IRINGALAKUDA, TRISSUR DISTRICT THANISSERI P.O. 680 701
R1 BY ADV. SRI.SANTHOSH P.PODUVAL R1 BY ADV. SMT.R.RAJITHA R1 BY ADV. SMT.VINAYA V. NAIR
THIS TRANSFER APPEAL (CIVIL) HAVING COME UP FOR ADMISSION ON 06-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC & A.HARIPRASAD, JJ.
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Tr. A. (C) No.1 of 2016
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JUDGMENT
Antony Dominic, J.
This appeal is filed by the respondent in Tr.P.(C)No.648/15 which was disposed of by order dated 10th December 2015 whereby the learned Single Judge has ordered transfer of O.P.(G&W)No.1175/2015 of Family Court, Attingal to Family Court, Ernakulam.
Tr. A. (C) No.1 of 2016
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occassions. This will cause serious prejudice not only to herself but also to the young children whose custody is sought in this case. Taking note of all these, the learned Single Judge ordered that the O.P.(G&W) No.1175/15 be transferred to the files of the Family Court, Ernakulam.
According to us, the order passed by the learned Single Judge does not suffer from any illegality seeking interference.
Transfer appeal is dismissed.
SD/-
ANTONY DOMINIC JUDGE
SD/- A.HARIPRASAD JUDGE
jes
1 issue framed by the court
Whether a transfer petition regarding custody proceedings deserves interference.
SUNEESHKUMAR
BHUVANESWARI
ANTONY DOMINIC
A. HARIPRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
