Wife sought transfer of husband's guardianship and other petitions from Family Court, Aluva to Ettumanoor. The High Court declined, noting two minor children reside and study with the husband at Aluva, and transfer would be prejudicial to the children's interests. Transfer petitions dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946
TR.P(C) NO. 153 OF 2024
OP NO.1133 OF 2023 OF FAMILY COURT, ALUVA
PETITIONER/RESPONDENT:
SMITHA MARY GEORGE, AGED 35 YEARS DAUGHTER OF T.A. SUNNY, RESIDING AT THUMBIYAMKUZHIYIL HOUSE, NJEEZHOOR VILLAGE, KATTAMPACK POST, KOTTAYAM DISTRICT., PIN - 686612
BY ADV P.K.RAVISANKAR
RESPONDENTS/PETITIONER & 2ND RESPONDENT:
1 DEEPAK CHUMMAR AGED 39 YEARS S/O CHUMMAR, CHANDANATHIL HOUSE, CHOWARA POST, ERNAKULAM DISTRICT, PIN - 683571
2 MIDLAJ POOVATHANKANDY S/O MUHAMMED HASHIM, CHERUVATTA HOUSE, KURUVATTUR POST, KOZHIKODE DISTRICT, PIN - 673012
BY ADVS. N.S.HASNA MOL SUDHEER K.K.(K/000140/2003) K.K.NASSEER (ALUVA)(K/276/1992)
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2024, ALONG WITH TR.P(C).154/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TR.P(C) NO. 153 & 154 OF 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 TR.P(C) NO. 154 OF 2024
GOP NO.1201 OF 2023 OF FAMILY COURT, ALUVA
PETITIONER/RESPONDENT:
SMITHA MARY GEORGE AGED 35 YEARS DAUGHTER OF T.A. SUNNY, RESIDING AT THUMBIYAMKUZHIYIL HOUSE, NJEEZHOOR VILLAGE, KATTAMPACK POST, KOTTAYAM DISTRICT., PIN - 686612
BY ADV P.K.RAVISANKAR
RESPONDENT/PETITIONER:
DEEPAK CHUMMAR AGED 39 YEARS S/O CHUMMAR, CHANDANATHIL HOUSE, CHOWARA POST, ERNAKULAM DISTRICT, PIN - 683571
BY ADVS.
N.S.HASNA MOL SUDHEER K.K.(K/000140/2003) K.K.NASSEER (ALUVA)(K/276/1992)
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2024, ALONG WITH TR.P(C).153/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TR.P(C) NO. 153 & 154 OF 2024
O R D E R
These transfer petitions have been filed by the petitioner/wife to transfer O.P.No.1133 of 2023 and G.O.P.No.1201 of 2023 pending before the Family Court, Aluva to Family Court, Ettumanoor.
between the parties i.e., O.P.(G&W) No.205 of 2024 and M.C.No.22 of 2024 are pending before the Family Court, Ettumanoor. It is submitted that the petitioner is residing at Kottayam.
TR.P(C) NO. 153 & 154 OF 2024
Considering the fact that two minor children of the parties are residing along with the husband at Aluva and they are studying in a School at Aluva, the prayer sought for to transfer
the original petitions to the Family Court, Ettumanoor cannot be granted, inasmuch as it would be prejudicial to the interest of the children. Accordingly, these Transfer Petitions are dismissed.
Sd/- DR.KAUSER EDAPPAGATH, JUDGE
AS
TR.P(C) NO. 153 & 154 OF 2024
APPENDIX OF TR.P(C) 153/2024
PETITIONER ANNEXURES
ANNEXURE A TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER IN O.P. NO. 1133 OF 2023 BEFORE THE FAMILY COURT, ALUVA
ANNEXURE B TRUE COPY OF THE G & W. O.P. 205 OF 2024 BEFORE THE FAMILY COURT, KOTTAYAM AT ETTUMANOOR
ANNEXURE C TRUE COPY OF THE M.C. 22 OF 2024 BEFORE THE FAMILY COURT, KOTTAYAM AT ETTUMANOOR
TR.P(C) NO. 153 & 154 OF 2024
APPENDIX OF TR.P(C) 154/2024
PETITIONER ANNEXURES
ANNEXURE A TRUE COPY OF THE I.A. NO. 2 OF 2023 IN G.O.P. NO. 1201 OF 2023 BEFORE THE FAMILY COURT, ALUVA ANNEXURE B TRUE COPY OF THE G & W. O.P. 205 OF 2024 BEFORE THE FAMILY COURT, KOTTAYAM AT ETTUMANOOR ANNEXURE C TRUE COPY OF THE M.C. 22 OF 2024 BEFORE THE FAMILY COURT, KOTTAYAM AT ETTUMANOOR
1 issue framed by the court
Whether the original petitions pending before Family Court, Aluva should be transferred to Family Court, Ettumanoor at the wife's request.
Smitha Mary George
Deepak Chummar
Midlaj Poovathankandy
Kauser Edappagath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
