Transfer petition allowed to move child custody case from Palakkad to Alappuzha Family Court. Consolidation with related divorce and domestic violence cases ordered to avoid conflicting decisions and ensure child's convenience.
Transfer of O.P No.1017/2021 from Family Court, Palakkad to Family Court, Alappuzha with liberty to seek consolidation.
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Tr.P (C) No.1 of 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 27TH DAY OF JUNE 2022 / 6TH ASHADHA, 1944
TR.P(C) NO. 1 OF 2022
AGAINST THE ORDER/JUDGMENT IN OP 1017/2021 OF FAMILY COURT,
PALAKKAD
PETITIONER/S:
ARCHANA V. NAIR
AGED 30 YEARS
D/O VENUGOPALAN,
KOWSTHUBHAM,
THONDANKULANGARA P O,
ALAPPUZHA DISTRICT-688013.
BY ADVS.
B.PRAMOD
NAMITHA JYOTHISH
RESPONDENT/S:
1DHANESH PADMANABHAN
AGED 31 YEARS
S/O PADMANABHAN,
THEJAS, KOTHAKULAM ROAD,
NENMARA, CHITTOOR TALUK,
PALAKKAD DISTRICT-678508.
2PUSHPA PADMANABHAN
AGED 62 YEARS
W/O PADMANABHAN,
THEJAS, KOTHAKULAM ROAD,
NENMARA, CHITTOOR TALUK,
PALAKKAD DISTRICT-678508.
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.06.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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Tr.P (C) No.1 of 2022
C.S DIAS,J.
---------------------------
Tr.P (C) No.1 of 2022
----------------------------Dated this the 27th day of June, 2022.
ORDER
The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P 1017/2021 (Annexure A1) from the Family Court, Palakkad to the Family Court, Alappuzha.
memorandum of transfer petition is that, she is the wife of the first respondent. They have a son born in their wedlock. Due to the matrimonial cruelty meted out on her by the first respondent, she was constrained to leave the matrimonial home. She has filed MC 53/2020 before the Chief Judicial Magistrate Court, Alappuzha, under the Protection of Women from Domestic Violence Act and Annexure A3 interim order has been passed in her favour. Earlier, the first respondent had filed OP 1015/2019 before the Family Court, Palakkad, seeking a decree of divorce against the petitioner. The petitioner
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Tr.P (C) No.1 of 2022
moved this Court and this Court by Annexure A2 ordered the transfer of the said case to the Family Court, Alappuzha. Now, the respondents, who are the husband and mother of the first respondent, have filed Annexure A1, seeking an order for custody of the child. The child is only two years of age. The child is suffering from various ailments and is undergoing treatment in the Hospital at Alappuzha. The petitioner and the child have no means to maintain themselves. There is no person to chaperone them from Alappuzha to Palakkad to defend Annexure A1. Moreover, this Court has already exercised its discretion in ordering the transfer of OP No.1015/2019 to the Family Court, Alappuzha. Hence, the transfer petition.
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longer res-integra, in view of the categoric declaration of law by the Hon'ble Supreme Court in Sumitha Sing V. Kumar Sanjay and another [2002 KHC 1889], Mona Aresh Goel V. Aresh Satya Goel [2000 KHC 1835], Vaishali Shridhar Jagtap V. Shridhar Vishwanath Jagtap [2016 KHC 6489] and Santhini V. Vijaya Venkatesh [2017 (5) KHC 48]. The Hon’ble Supreme Court has held that it is the convenience of the woman and children that has to be looked into, while ordering the transfer of a case from one Court to another.
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Tr.P (C) No.1 of 2022
territorial jurisdiction of the Family Court, Alappuzha, I am inclined to exercise the discretionary powers of this Court under Section 24 of the Code of Civil Procedure
and order the transfer of Annexure A1, so that the cases can be consolidated and jointly tried, which would avoid conflict of decisions and save precious judicial time.
In the result, I allow the transfer petition as follows:
(i) O.P No.1017/2021 is transferred from the Family Court, Palakkad to the Family Court, Alappuzha.
(ii) The parties would be at liberty to move the Family Court, Alappuzha and seek for consolidation and joint trial of all the cases between them.
(iii) The Registry shall forward a copy of this order to the Family Court, Palakkad with instructions to forthwith transmit the records in Annexure A1 to the Family Court, Alappuzha.
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(iv) The Family Court, Alappuzha, shall, immediately on the receipt of the records in Annexure A1, post the case along with the original petition filed by the first respondent.
sd/-
Sks/27.6.2022
C.S.DIAS, JUDGE
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Tr.P (C) No.1 of 2022
APPENDIX OF TR.P(C) 1/2022
PETITIONER ANNEXURES
Annexure A1 |
TRUE COPY OF THEFAMILY COURT, PAL |
OP NO.1017/2021 OF THEAKKAD. |
|---|---|---|
Annexure A2 |
TRUE COPY OF THEIN TR.P C.NO.223/HIGH COURT OF KER |
JUDGMENT DATED 1.7.20202020 OF THE HON'BLEALA, ERNAKULAM. |
Annexure A3 |
TRUE COPY OF THEIN CMP .300/2020CHIEF JUDICIAL MAALAPPUZHA. |
ORDER DATED 10.08.2021IN MC .53/2020 OF THEGISTRATE COURT, |
Annexure A4 |
TRUE COPY OF THERECOMMENDATIONS DFROM THE AMRITHASCIENCE AND RESEAAFTER EXAMINATIONCHILD. |
SUMMARY ANDATED 25.09.2021 ISSUEDINSTITUTE OF MEDICALRCH CENTRE, ERNAKULAM/EVALUATION OF THE |
Annexure A5 |
TRUE COPY OF THEISSUED FROM THE AMEDICAL SCIENCESERNAKULAM SHOWINGTREATMENT OF THE |
BILL DATED 9.9.2021MRITHA INSTITUTE OFAND RESEARCH CENTRE,THE PAYMENT FORCHILD. |
Annexure A6 |
TRUE COPY OF THE24.09.2021 IN MCPETITIONER BEFOREMAGISTRATE COURT, |
APPLICATION DATED53 OF 2020 FILED BY THETHE CHIEF JUDICIALALAPPUZHA. |
Annexure A7 |
TRUE COPY OF THENO.53/2020 FILEDBEFORE THE CHIEFCOURT, ALAPPUZHA. |
OBJECTION IN M CBY THE 1ST RESPONDENTJUDICIAL MAGISTRATE |
1 issue framed by the court
Whether the Family Court, Alappuzha should exercise its jurisdiction to consolidate matrimonial proceedings involving child custody with related matters previously transferred there.
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
Archana V. Nair
Dhanesh Padmanabhan
Pushpa Padmanabhan
C.S. Dias
As recorded by the court registry
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