Linta Thankachan Vs Aneesh P Thomas

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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 BASANT BALAJI

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THURSDAY, THE 3^RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947

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TR.P(C) NO. 26 OF 2025

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OPGW NO.280 OF 2024 OF FAMILY COURT, ADOOR

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PETITIONER:

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LINTA THANKACHAN AGED 31 YEARS D/O. THANKACHAN, CHARUVILAYIL, ENATHU P.O., ELANGAMANGALAM MURI, ENATHU VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT REPRESENTED BY HER POWER OF ATTORNEY LISSY THANKACHAN, AGED 50 YEARS, W/O THANKACHAN, CHARUVILAYIL, ENATHU P.O., ELANGAMANGALAM MURI, ENATHU VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 691526 BY ADVS. JACOB P.ALEX JOSEPH P.ALEX MANU SANKAR P. AMAL AMIR ALI

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RESPONDENT:

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ANEESH P THOMAS AGED 36 YEARS S/O THOMAS, PARANKIMAMVILA HOUSE, OZHIKUPARACKAL P.O., EDAMULACKAL VILLAGE, PUNALUR TALUK, KOLLAM DISTRICT., PIN - 691533

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O R D E R

(Dated this the 3rd day of April, 2025)

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This Transfer Petition has been filed seeking a transfer of O.P (G&W) No.280/2024, pending before the Family Court,

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Adoor, to the Family Court, Kottarakkara.

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The petitioner is the wife of the respondent.

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Their marriage was solemnized on 07.06.2017 as per the

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Christian religious rites, and a girl child was born out of their wedlock. Their relationship became strained due to matrimonial

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disputes, and they are living separately since 10.01.2022. The petitioner is presently working in Saudi Arabia; the child is studying in 1^st standard and is in the custody of the parents of the petitioner. She wishes to take the child to Saudi Arabia. According to the rules of that country, she needs an order from the court declaring that the petitioner is the legal guardian of the child. Hence, she has filed O.P (G&W) No.280/2024, before the

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Family Court, Adoor, for declaring guardianship. She also filed

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OP(Others) No.518/2022 for recovering patrimony, gold

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ornaments, and other reliefs from the respondent before the Family Court, Kottarakkara; OP(Div) No.1727/2023 for divorce before the Family Court, Punalur; and MC No.94/2024 claiming maintenance for the minor child before the Family Court, Punalur. The respondent has filed OP(G&W) No.501/2023, for the custody of the minor child before the Family Court, Punalur.

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The case of the petitioner is that the Family Court, Punalur, is about 25 km away from the petitioner's residence, and the Family Court, Adoor, is 37 kms away from her residence, whereas, the Family Court, Kottarakkara, is about 15 kms away from the residence of both parties. Hence, the Family Court, Kottarakkara, will be convenient to the parties.

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Notice issued from this Court has been served on

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the respondent and none appeared. Thus it can be seen that the averments in the Transfer Petition stand unchallenged, which

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entitles the petitioner an order from this Court.

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The law in respect of transfer of proceedings,

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particularly in matrimonial disputes, is no longer res-integra, in view of the categoric declaration of law by the Hon'ble Supreme

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Court in Sumitha Singh v. Kumar Sanjay and another [(2001)10 SCC 41)], Mona Aresh Goel v. Aresh Satya Goel [(2000) 9 SCC 255], Vaishali Shridhar Jagtap v. Shridhar Vishwanath Jagtap [AIR 2016 SC 3584] and Santhini v. Vijaya Venkatesh [2017 (4) KLT 415 (SC)]; wherein it is held that it is the convenience of the woman and children that have to be looked into while ordering the transfer of a case from one court to another. The law is quite categoric, and the wife's convenience has to be looked into while deciding a petition for transfer, and in such cases, transfer has been effected.

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Thus, in the light of the uncontroverted

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averments in the memorandum of transfer petition, considering the facts and circumstances of the case and the law laid down by

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the Hon'ble Supreme Court in the afore-cited decisions, I am

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inclined to allow this transfer petition.

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In the result, O.P (G&W) No.280/2024, pending before

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the Family Court, Adoor, is withdrawn and transferred to the Family Court, Kottarakkara. The Family Court, Adoor, shall immediately transfer the records to the Family Court, Kottarakkara. On receipt of the records, the Family Court, Kottarakkara, shall issue notice to the parties and dispose of the

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case in accordance with law.

Sd/-

BASANT BALAJI

JUDGE

JS

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APPENDIX OF TR.P(C) 26/2025

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PETITIONER ANNEXURES

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Annexure 1 TRUE COPY OF OP(G&W) NO. 280 OF 2024 ON THE FILES OF FAMILY COURT, ADOOR Annexure 2 TRUE COPY OF THE OP (OTHERS) NO. 518 OF 2022 PENDING BEFORE THE FAMILY COURT KOTTARAKKARA

Linta Thankachan v. Aneesh P Thomas

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Linta Thankachan v. Aneesh P Thomas

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