Allowed

Rarima v. Rejulal K.V

Kerala HC7 Jan 2019Tr.P(C)/705/2018

Case brief

AI extract

What is this about?

The Kerala High Court allowed a transfer petition seeking the transfer of proceeding O.P.No.100/2018 from Kannur to Thiruvananthapuram. The court noted the petitioner's residence and presence in Thiruvananthapuram for Civil Service coaching and deemed transfer appropriate given the minor child's age.

What did the court decide?

O.P.No.100/2018 pending in Family Court, Kannur is withdrawn and transferred to Family Court, Thiruvananthapuram.

Rarima Vs Rejulal K.V — 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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MONDAY ,THE 07TH DAY OF JANUARY 2019 / 17TH POUSHA, 1940

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Tr.P(C).No. 705 of 2018

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AGAINST THE ORDER/JUDGMENT IN OP 100/2018 of FAMILY COURT, KANNUR

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PETITIONER/ RESPONDENT:

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RARIMA AGED 29 YEARS D/O RAMADAS.P, PERMANENTLY RESIDING AT RAREERAM, POOKOTH NADA, TALIPARAMBA. P.O., TALIPARAMBA VILLAGE, TALIPARAMBA TALUK, KANNUR DISTRICT - 670 141. AND PRESENTLY RESIDING AT JIJU DALE, KUNNUMKUZHI, VANCHIYOOR.P.O., THIRUVANANTHAPURAM - 695 035

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BY ADVS. SRI.V.T.MADHAVANUNNI SRI.V.A.SATHEESH

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RESPONDENT/ PETITIONER:

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REJULAL K.V AGED 31 YEARS S/O DAMODARAN.V.V, PRASADAM, EDACHERY, PALLIKKUNNU.P.O., PUZHATHI VILLAGE, KANNUR DISTRICT - 670004

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BY ADV. SRI.T.K.VIPINDAS

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P(C).No. 705 of 2018

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ORDER

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The petitioner-wife seeks for transfer of O.P.No.100/2018 pending on the files of the Family Court, Kannur to the Family Court, Thiruvananthapuram.

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The respondent-husband enters appearance and opposes the prayer.

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The petitioner is presently residing at Thiruvananthapuram. It is stated that she is at Thiruvananthapuram in connection with coaching classes for her Civil Service Examination. The original petition is one filed by the respondent-husband seeking custody of minor child born in the wedlock. The child is presently aged 3 years and is with the petitioner's mother. Considering the age of the child and the fact that the petitioner is at Thiruvananthapuram in connection with her educational purpose, I am of the opinion that it is only appropriate that the proceedings be transferred to the Family Court, Thiruvananthapuram.

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The learned counsel for the respondent submits that presently there is an interim arrangement where under the custody of the child is being entrusted

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Tr.P(C).No. 705 of 2018

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to the respondent-husband for 2 hours on every fourth Saturday of the month and he needs enlargement of the said time. I do not think that this matter to be considered in a transfer petition. It is open for the parties to seek for appropriate modifications of the interim arrangement before the proper forum which will be considered on its merits.

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In the result, the transfer petition is allowed. O.P.No.100/2018 pending on the files of the Family Court, Kannur will stand withdrawn and transferred to the Family Court, Thiruvananthapuram.

Sd/-

SATHISH NINAN

JUDGE

Tr.P(C).No. 705 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1	TRUE COPY OF THE PETITION IN O.P. NO. 100/2018 ON THE FILE OF FAMILY COURT,KANNUR.
ANNEXURE A2	TRUE COPY OF THE NOTICE SERVED ON THE PETITIONER FROM THE FAMILY COURT, KANNUR.
ANNEXURE A3	TRUE COPY OF THE PETITION IN I.A. NO. 283/2018 IN O.P. NO. 100/2018
ANNEXURE A4	TRUE COPY OF THE COUNTER IN I.A. NO. 283/2018 IN O.P. NO. 100/2018
ANNEXURE A5	TRUE COPY OF THE ORDER IN I.A. NO. 283/2018 IN O.P. NO. 100/2018
ANNEXURE A6	TRUE COPY OF THE PETITION IN I.A. NO. 913/2018 IN O.P. NO. 100/2018
ANNEXURE A7	TRUE COPY OF THE COUNTER FILED BY THE RESPONDENT IN I.A. NO. 913/2018 IN O.P. NO. 100/2018
ANNEXURE A8	TRUE COPY OF THE PETITION IN I.A. NO. 1345/2018 IN O.P. NO. 100/2018
ANNEXURE A9	TRUE COPY OF THE MEMO SUBMITTED BY THE COUNSEL FOR THE PETITIONER IN O.P. NO. 100/2018
ANNEXURE A10	TRUE COPY OF THE PETITION IN C.M.P. NO. 433/2018 IN M.C. NO. 133/2018 ON THE FILE OF FAMILY COURT, KANNUR.
ANNEXURE A11	TRUE COPY OF THE COUNTER FILED BY THE RESPONDENT IN C.M.P. NO. 433/2018
ANNEXURE A12	TRUE COPY OF THE ORDER IN I.A.NO.1442/2018 IN O.P.NO.100/2018 ON THE FILE OF THE FAMILY COURT, KANNUR DATED 14-11-2018
ANNEXURE A13	TRUE COPY OF THE INTERIM ORDER IN O.P.NO.100/2018 ON THE FILE OF THE FAMILY COURT, KANNUR DATED 21-11-2018

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Tr.P(C).No. 705 of 2018

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RESPONDENT'S/S EXHIBITS:

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ANNEXURE R1: TRUE COPY OF I.A.NO.690/2018 IN O.P.NO.100/2018

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ANNEXURE R2: TRUE COPY OF THE ORDER OF THE FAMILY COURT, KANNUR IN I.A.NO.690/2018 IN O.P.NO.100/2018 DATED 1-6-2018

Rarima v. Rejulal K.V

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Rarima v. Rejulal K.V

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