Wife sought transfer of a child custody original petition from the Family Court, Irinjalakuda to the Family Court, Thrissur, citing a connected maintenance case pending there and her being a Thrissur native. The court allowed the transfer, holding the wife's convenience predominates in family-matter transfers, and continued interim custody/visitation orders.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946 TR.P(C) NO. 215 OF 2023
GOP NO.1686 OF 2022 OF FAMILY COURT, IRINJALAKUDA
PETITIONER/RESPONDENT:
HIMA, AGED 29 YEARS D/OLATE VINCENT,THEKKANATH HOUSE,MARATHAKKARA VILLAGE,MARATHAKKARA P O,THRISSUR., PIN - 680306
BY ADVS.ABDUL JALEEL.A M.A.SULFIA
RESPONDENT/PETITIONER:
SHILTON, AGED 33 YEARS S/O JOY, THETTIYIL HOUSE,CHALAKUDY TALUK, MARATHAKKARA P O,THRISSUR, PIN - 680741
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Tr.P.(C).No.215/2023
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O R D E R
Heard the learned counsel for the petitioner. There is no appearance for the respondent despite the receipt of notice.
The original petition has been filed for custody of the child. It is submitted that a connected case between the parties as M.C.No.655/2022 is pending before the Family Court, Thrissur. Moreover, the petitioner is a native of Thrissur. It is settled that while considering the transfer petition in family matters, the convenience of the wife has to be given predominance. Hence, this transfer petition is allowed. G.O.P. No.1686/2022 pending before the Family Court, Irinjalakuda is withdrawn and transferred to the Family Court, Thrissur. Interim order, if any, permitting the respondent to have interim custody/visitation rights of the child passed by the Family Court, Irinjalakkuda shall continue.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
Tr.P.(C).No.215/2023
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APPENDIX OF TR.P(C) 215/2023
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF G.O.P NO. 1686/2022 BEFORE LEARNED FAMILY COURT, IRINJALAKKUDA
Annexure A2 THE TRUE COPY OF NOTICE ISSUED BY LREARNED F`AMILY COURT, IRINJALAKKUDA Annexure A3 A TRUE COPY OF I.A NO.2/2023 IN G.O.P NO.1686/2022 FILED BEFORE LEARNED FAMILY COURT, IRINJALAKKUAD
1 issue framed by the court
Whether a child custody case pending at Family Court, Irinjalakuda should be transferred to Family Court, Thrissur for the wife's convenience given a connected maintenance case there.
Hima
Shilton
Kauser Edappagath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
