Allowed

Riya M.B. v. Anoop Davis

Kerala HC5 Oct 2021Tr.P(C)/387/2021

Case brief

AI extract

What is this about?

This brief order allowed a transfer petition filed by a mother seeking to move her child custody case from the Family Court, Thrissur, to the Family Court, Irinjalakuda, citing her residence constraints and citing a Supreme Court precedent preferring the wife's convenience.

What did the court decide?

Order transferring the custody petition G.O.P. No. 2109 of 2020 from Family Court, Thrissur to Family Court, Irinjalakuda and directing appearance thereon.

Riya M.B. Vs Anoop Davis — Child Custody and Guardianship | Kerala HC (2021)

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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 K. BABU

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TUESDAY, THE 5^TH DAY OF OCTOBER 2021/13TH ASWINA, 1943 TR.P(C) NO. 387 OF 2021

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AGAINST THE JUDGMENT IN GOP 2109/2020 OF FAMILY COURT,THRISSUR, THRISSUR

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PETITIONERS:

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1 RIYA M.B. AGED 30 YEARS D/O.BABU RAJ, MALIYEKKAL HOUSE, CHITTESSERY P.O., MUKUNDAPURAM TALUK, THRISSUR - 680 301.

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2 AHINOAM ANOOP AGED 3 YEARS (MINOR) REPRESENTED BY MOTHER RIYA M.B., D/O.RIYA M.B., MALIYEKKAL HOUSE, CHITTESSERY P.O., MUKUNDAPURAM TALUK, THRISSUR - 680 301. BY ADVS. R.SYLESHWAREN NAIR ASHA VARGHESE

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RESPONDENT:

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ANOOP DAVIS AGED 33 YEARS S/O.DAVIS V.A, VALAIYAPARAMBIL HOUSE, PARAVATTANI P.O., THRISSUR TALUK, THRISSUR - 680 655. BY ADVS. M.A.JOSEPH MANAVALAN J.RAMKUMAR

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Tr.P.C.No.387/2021

K.BABU, J.

=========================== Tr.P.(C) No.387 of 2021

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=========================== Dated this the 5^th day of October, 2021

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ORDER

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This transfer petition is filed under Section 24 of the Code of Civil Procedure, 1908. The petitioner is the wife of the respondent. The marriage between the petitioner and the respondent was solemnized on 11.12.2016 as per Christian Religious Rites and Customs at Chaldean Centre, Thrissur. A girl child was born to the parties in the wedlock. The petitioner is a home maker.

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The parties have been living separately since 2020. The child is residing with the petitioner.

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The respondent filed G.O.P.No.2109 of 2020 before the Family Court, Thrissur for the custody of the child, under Sections 7, 12 and 25 of the Guardians and Wards Act, 1890 read with Section 7(i)(g) of the Family Courts Act, 1984.

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In response to the summons served from the Family Court, the petitioner appeared.

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The petitioner submits that she is now residing with the support of her parents, who are senior citizens and

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Tr.P.C.No.387/2021

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there is nobody to accompany her to attend the Family Court, Thrissur. She seeks transfer of G.O.P No.2109/2020 from the Family Court, Thrissur to the Family Court, Irinjalakuda.

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Notice was served on the respondent. The learned counsel for the respondent submitted that the respondent has no objection in allowing the prayer of the petitioner for transfer.

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7. In Sumita Singh v. Kumar Sanjay and Another

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[(2001) 10 SCC 41], the Apex Court held that in transfer petitions arising from matrimonial matters, convenience of the wife should be preferred over that of the husband.

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Having considered all these aspects, this court is of the view that the prayer for transfer of the matter can be allowed.

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In the result, the Transfer Petition(Civil) is allowed. G.O.P.No.2109 of 2020 pending before the Family Court, Thrissur is ordered to be transferred to the Family Court, Irinjalakkuda. The parties are directed to appear before the Family Court, Irinjalakkuda on 08.11.2021.

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sd/- K.BABU, JUDGE

lgk

Tr.P.C.No.387/2021

APPENDIX OF TR.P(C) 387/2021

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PETITIONER ANNEXURE

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Annexure A1 TRUE COPY OF THE G.O.P.NO.2109/2020 PENDING BEFORE THE FAMILY COURT, THRISSUR.

Riya M.B. v. Anoop Davis

Case brief

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Riya M.B. v. Anoop Davis

Case brief

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