Allowed

Praveen V.U. v. R.Ajith Kumar

Kerala HC3 Apr 2018Tr.P(C)/512/2016

Case brief

AI extract

What is this about?

The High Court transferred an original petition regarding guardianship and custody of a minor child from the Family Court at Thiruvananthapuram to the Family Court at Ernakulam. This order prioritized the convenience of the petitioner, who resides in Ernakulam, citing judicial precedents. The court also directed that parties may apply for exemption from personal appearance, though attendance remai

What did the court decide?

Transfer of O.P.(G&W) No. 620/2016 from Family Court, Thiruvananthapuram to Family Court, Ernakulam.

Praveen V.U. Vs R.Ajith Kumar — Child Custody and Guardianship | Kerala HC (2018)

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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 ALEXANDER THOMAS

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TUESDAY, THE 3RD DAY OF APRIL 2018 / 13TH CHAITHRA, 1940

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Tr.P(C).No. 512 of 2016 ---------------------OPGW 620/2016 of FAMILY COURT, THIRUVANANTHAPURAM TO THE FAMILY COURT, ERNAKULAM

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PETITIONER :

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PRAVEEN V.U. KUNNATHUPARAMBU HOUSE, PADALLAKKAL LANE, W.DADUNGALLOOR P.O., ALUVA, ERNAKULAM 683 102.

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BY ADV.SRI.SIJU P.KURIAKOSE

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RESPONDENT :

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R.AJITH KUMAR RAM NIVAS, PATTUKALAM, MARANALLOOR PANCHAYATH, VELIYAMCODE P.O., THIRUVANANTHAPURAM - 695 512.

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BY ADV. SMT.K.KUSUMAM BY ADV. SRI.K.KALESH

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-04-2018 ALONG WITH RP NO. 158/2018,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P(C).No. 512 of 2016

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APPENDIX

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PETITIONER'S ANNEXURES :

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ANNEXURE	I:	COPY OF EMPLOYMENT LETTER DATED 26/8/2016 ISSUED BY THE PETITIONER'S EMPLOYER.
ANNEXURE	II:	COPY OF THE OP(G&W) 620/16 FILED BY THE RESPONDENT, BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM.
ANNEXURE	III:	COPY OF THE FORGED JOINT PETITION FILED BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM BY THE RESPONDENT.
ANNEXURE	IV:	COPY OF THE OBJECTION OF THE PETITIONER IN OP(G&W) 620/2016 FILED BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM.
ANNEXURE	V:	COPY OF THE FIR 496/2016 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KATTAKADA.
ANNEXURE	VI:	COPY OF THE INTERIM CUSTODY APPLICATION IA 1429/2016 IN THE OP (G&W) 620/2016 FILED BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM
ANNEXURE	VII:	COPY OF THE ORDER DATED 9/8/2016 IN IA 1429/2016 IN OP(G&W)620/2016 PASSED BY FAMILY COURT, THIRUVANANTHAPURAM.
ANNEXURE	VIII:	COPY OF THE ORDER DATED 8/9/2016 IN OP(FC) NO. 453/2016 ON THE FILE OF THIS HONOURABLE COURT.
ANNEXURE	IX:	COPY OF THE OUTPATIENT RECORD ISSUED BY THE DISTRICT HOSPITAL ALUVA.
RESPONDEN ---------	T'S AN ------	NEUXRES : -------
ANNEXURE	R1:	COPY OF THE PETITION FILED BY RESPONDENT'S MOTHER AGAINST THE PETITIONER HEREIN, BEFORE THE RURAL POLICE SUPERINTENDENT, THIRUVANANTHAPRUAM, ON 27/8/2012.
ANNEXURE	R2:	COPY OF THE VAKALATH IN OP 620/2016, BEFORE THE HONOURABLE FAMILY COURT, THIRUVANANTHAPURAM, EXECUTED BY THE PETITIONER AND RESPONDENT HEREIN, AUTHORIZING ADV, NISHI.
ANNEXURE	R3:	COPY OF THE “AADHAR CARD” OF THE RESPONDENT (HAVING NO. 938187348386), WHICH SHE HAD ENTRUSTED TO OUR LAWYER FOR PRODUCING BEFORE THE FAMILY COURT AT THIRUVANANTHAPURAM, FOR FILING JOINT PETITION.

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Tr.P(C).No. 512 of 2016

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-----------------

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ANNEXURE R4:	COPY OF THE PHOTOGRAPHS TAKEN AT THE OCCASION OF HANDING OVER OF ORNAMENTS BY THE RESPONDENT TO THE PETITIONER HEREIN, INT HE PRESENCE OF OUR LAWYER.
ANNEXURE R5:	THE ORIGINAL CDs CONTAINING THE CC TV VIDEO CLIPPINGS WHICH HAVE BEEN RECORDED ON THE OCCASION OF GIVING MONEY AND ORNAMENTS TO THE PETITIONER BY THE RESPONDENT.
ANNEXURE R6:	COPY OF THE STAMPED RECEIPT ISSUED BY THE PETITIONER HEREIN TO THE RESPONDENT, ACKNOWLEDGING THE RECEIPT OF MONEY AND ORNAMENTS RECEIVED FROM HIM, ON 14/3/2016.
ANNEXURE R7:	COPY OF THE JOINT PETITION WHICH IS SIGNED BY BOTH THE PARTIES, IN OP 620/2016, BEFORE THE FAMILY COURT AT THIRUVANANTHAPURAM (PRODUCED AS ANNEXURE-III BY MY WIFE, THE PETITIONER HEREIN)
ANNEXURE R8:	COPY OF FIR 242/2016, DATED 17/3/2016, INITIATED BYT HE RESPONDENT AND HIS MOTHER.
ANNEXURE R9:	COPY OF FIR 288/2016 DATED 01/04/2016, INITIATED BYT HE FALSE COMPLAINT BY THE PETITIONER.
ANNEXURE R10:	COPY OF THE FALSE PETITION FILED BY THE PETITIONER AGAINST ONE PRAJITH.
ANNEXURE R11:	COPY OF THE ORDER IN IA 704/2016 OF THE FAMILY COURT, THIRUVANANTHAPURAM, DATED 3/5/2016.
ANNEXURE R12:	COPY OF THE ORDER IN IA 775/2016 IN OP 677/2016, DATED 10/5/2016, FROM THE HONOURABLE FAMILY COURT AT THIRUVANANTHAPRUAM RESTRAINING THE PETITIONER HEREIN/WIFE FROM CAUSING ANY OBSTRUCTION TO RESPONDENT'S PEACEFUL RESIDENCE.
ANNEXURE R13:	COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 27/5/2016, ISSUED BY THE POLICE, FOR A COMPLAINT FILED BY RESPONDENT'S MOTHER, AGAINST THE PETITIONER, ON 26/5/2016.
ANNEXURE R14:	COPY OF THE OBJECTION FILED BY THE RESPONDENT IN IA 1429/2016 IN OP 620/2016, BEFORE THE HONOURABLE FAMILY COURT, THIRUVANANTHAPURAM.
ANNEXURE R15:	MEDICAL CERTIFICATE AND TREATMENT RECORDS OF THE MINOR CHILD, AYUSH RAM, ISSUED FROM “SREE NARAYANA HOMEO CLINIC”, MARANALLOR. //TRUE COPY// P.S. TO JUDGE

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bp 6/4/2018

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ALEXANDER THOMAS, J.

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Tr.P(C).No. 512 of 2016

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==================

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Dated this the 15^th day of January, 2018

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O R D E R

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The main prayer in this Transfer Petition (Civil) is as follows:

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“to allow this petition, by transferring the O.P(G&W) 620/2016 pending on the file of the Family Court, Thiruvananthapuram to Family Court, Ernakulam or to any other nearest court in which the petitioner residing.”

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Heard Sri.Siju P.Kuriakose, learned counsel appearing for the petitioner (wife) and Smt.K.Kusumam, learned counsel appearing for the respondent (husband).

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It is stated that the petitioner is presently residing at Aluva in Ernakulam district. Differences of opinion between the parties have led to matrimonial disputes. It is stated that the respondent (husband) has filed O.P.(G&W) No.620/2016 before the Family Court, Thiruvananthapuram, seeking declaration of guardianship and for permanent custody of the minor child. It is further stated that serious difficulties will be caused to the petitioner, if she is required to attend the Family Court at Thiruvananthapuram, in connection with the abovesaid Original Petition. It is in the above circumstances that the petitioner has filed the instant Transfer Petition (Civil) with the aforementioned prayer. The prayer for transfer is seriously opposed by the counsel for the respondent (husband).

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In the judgments of the Apex Court as in Sumitha Singh v.

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Tr.P.C.512/17 - : 2 :-

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Kumar Sanjay & Anr. reported in (2001) 10 SCC 41, Rajwinder Kaur v. Balwinder Singh reported in (2003) 11 SCC 726, Mona Aresh Goel v. Aresh Satya Goel , reported in (2000) 9 SCC 255, Vaishali Shridhar Jagtap v. Shridhar Vishwanath Jagtap , reported in AIR 2016 SC 3584, etc. it has been held that in the matter of transfer of cases from one Family Court to another, inconvenience to wife should be given special consideration by the courts, etc.

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Taking into account the facts and circumstances disclosed in this petition, this Court is inclined to consider the plea for transfer of O.P.(G&W) No.620/2016 pending on the file of the Family Court, Thiruvananthapuram, to the Family Court at Ernakulam. Accordingly, it is ordered that O.P.(G&W) No. 620/2016 pending on the file of the Family Court, Thiruvananthapuram, will stand transferred to the file of the Family Court at Ernakulam. The petitioner will produce a certified copy of this order before the Family Court, Thiruvananthapuram without further delay. Upon receipt of the copy of the order, the Family Court, Thiruvananthapuram, will take steps to ensure that the case papers and case records in relation to O.P.(G&W) No. 620/2016 pending on the file of that court are transmitted to the Family Court at Ernakulam. After receiving the case papers and case records in relation to O.P.(G&W) No. 620/2016, the Family Court at Ernakulam, will issue notices to both

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Tr.P.C.512/17 - : 3 :-

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parties and proceed further with the matter, in accordance with law.

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In order to alleviate the difficulties of the parties for personally attending before the Family Court, it is ordered in the interest of justice that it will be open to both parties to make appropriate applications for exemption from personal appearance before the Family Court, upon which, the said request may be considered favourably, provided the parties are represented through Advocates. However, it is made clear that the parties will have to appear before the Family Court at the time of counselling and mediation process, etc., and as and when specifically so directed by the Family Court.

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With these observations and directions, the aforecaptioned Transfer Petition (Civil) stands finally disposed of.

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sdk+

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Sd/- ALEXANDER THOMAS, JUDGE ///True Copy///

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P.S. to Judge

Praveen V.U. v. R.Ajith Kumar

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Praveen V.U. v. R.Ajith Kumar

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