Allowed

Madhavikuty, v. Ranjith

Kerala HC19 Feb 2019Tr.P(C)/5/2019

Case brief

AI extract

What is this about?

The Court granted a transfer petition to move a custody proceeding from the Family Court at Tirur to the Family Court at Kozhikode. The decision factored in the petitioner's residence, unemployment, and the severe medical condition of her bedridden father.

What did the court decide?

Transfer of O.P. No.470/2017 to the Family Court, Kozhikode with directions to the Tirur court to withdraw the original proceedings.

Madhavikuty, Vs Ranjith — Child Custody and Guardianship | Kerala HC (2019)

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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 SATHISH NINAN

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TUESDAY ,THE 19TH DAY OF FEBRUARY 2019 / 30TH MAGHA, 1940

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Tr.P(C).No. 5 of 2019

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OP 470/2017 of FAMILY COURT, TIRUR

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PETITIONER/ PETITIONER:

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MADHAVIKUTY, AGED 28 YEARS D/O KRISHNADAS, PRABHATH HOUSE, NADUVATTOM AMSOM DESOM, BEY PORE NORTH POST, KOZHIKODE DISTRICT.

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BY ADVS. SRI.VINOD SINGH CHERIYAN SMT.JASILA BEEVI V.K. SMT.K.P.SUSMITHA SRI.T.M.KHALID

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RESPONDENT/ RESPONDENT:

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RANJITH, AGED 34 YEARS S/O RAMUNNIKUTTY,CHANDRIMA HOUSE, KOLAKKATT CHALI POST, TIRURANGADI TALUK, MALAPPURAM DISTRICT.

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BY ADV. SRI.K.P.SUDHEER

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P.(C).No.5 of 2019

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ORDER

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The petitioner-wife seeks for transfer of O.P.No.470/2017 pending on the files of the Family Court, Tirur to the Family Court, Kozhikode.

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The respondent-husband enters appearance and opposes the prayer.

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The original petition is one filed by the petitioner seeking custody of the minor child born in the wedlock. There is another proceeding between the parties as O.P.No.473/2017 pending before the Family Court, Kozhikode, for divorce. Petitioner is residing at Kozhikode. The petitioner is unemployed and does not have any source of income. She is residing with her aged parents. It is submitted that the father of the petitioner is bed ridden and that there is no one to accompany her all the way up to the Family Court, Tirur to contest the proceedings. In the circumstances, I am of the opinion that the transfer as sought for can be granted.

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In the result, the transfer petition is allowed. O.P. No.470/2017 pending on the files of the Family Court, Tirur

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Tr.P(C).No. 5 of 2019

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will stand withdrawn and transferred to the Family Court, Kozhikode.

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Parties to appear before the Family Court,

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Kozhikode on 18/03/2019.

Sd/-

SATHISH NINAN

JUDGE

rsr

Tr.P(C).No. 5 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 COPY OF THE PETITION FOR CUSTODY OF MINOR CHILD IN O.P.470/2017 OF FAMILY COURT, TIRUR

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ANNEXURE A2 COPY OF THE PETITION FOR DIVORCE IN O.P.473/2017 OF FAMILY COURT, KOZHIKODE

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ANNEXURE A3 COPY OF THE FIRST MEDICATION REPORT DATED 5.8.2017 IN O.P.470/2017 ON THE FILE OF THE FAMILY COURT, TIRUR

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ANNEXURE A4 COPY OF THE SECOND MEDIATION REPORT DATED 31.10.2018 IN O.P.470/2017 ON THE FILE OF THE FAMILY COURT, TIRUR

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ANNEXURE A5 COPY OF THE CRIMINAL COMPLAINT MC.73/2017 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT V, KOZHIKODE

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ANNEXURE A6

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COPY OF THE DISCHARGE SUMMARY OF PETITIONER'S FATHER ISSUED BY KOZHIKODE DISTRICT CO-OPERATIVE HOSPITAL, ERANHIPALAM KOZHIKODE

Madhavikuty, v. Ranjith

Case brief

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What did the court decide?

Madhavikuty, v. Ranjith

Case brief

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