Tr.PC.410/19 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
TR.P(C) NO. 410 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPGW 1184/2019 OF FAMILY
COURT,TRIVANDRUM, THIRUVANANTHAPURAM
PETITIONER/S:
ANJANA DINESH
AGED 35 YEARS
D/O.K.K.SOBHANA, KALLOOR HOUSE, CHEENIKUZHI P.O.,
MANCHIKKALLU, IDUKKI DISTRICT, PIN-685595.
BY ADV DINESH MATHEW J.MURICKEN
RESPONDENT/S:
1 N.D.BABU
AGED 73 YEARS
S/O.M.A.DAS, BINU MANDIRAM, T.C.NO.43/732,
KAMALESWARAM, MANACAUD P.O., THIRUVANANTHAPURAM
DISTRICT, PIN-695009.
2 RAMANI KUMARI R.,
AGED 69 YEARS
W/O.N.D.BABU, BINU MANDIRAM, T.C.NO.43/732,
KAMALESWARAM, MANACAUD P.O., THIRUVANANTHAPURAM
DISTRICT, PIN-695009.
R1 AND R2 BY ADVS.
SRI.R.T.PRADEEP
SMT.M.BINDUDAS
SRI.K.C.HARISH
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Tr.PC.410/19 2
V.G.ARUN, J.
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Tr.P(C).No. 410 of 2019
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Dated this the 13th day of July, 2021
ORDER
The petitioner is the respondent in O.P(G&W).No.1184 of 2019 on the files of the Family Court, Thiruvananthapuram. The original petition is filed by the parents of the petitioner's deceased husband, for getting custody of her minor child. The petitioner, who is now residing in Thodupuzha, seeks transfer of the original petition from the Family Court, Thiruvananthapuram to the Family Court, Thodupuzha.
2. In the original petition the respondents have alleged that their son Biju died under suspicious circumstances and immediately after her husband's death, the petitioner eloped with a person named Arun Anand and had taken the two minor children born out of her marriage with Biju. While so, the children were brutally assaulted and the elder child succumbed to the injuries on 6.4.2019. Thereupon, Crime No.442 of 2019 was registered at the Thodupuzha Police Station against the petitioner and Arun Anand, for offences punishable under Sections 323, 325, 506(1), 302, 201 and 211 of IPC and Section 75 of the Juvenile Justice (Care and Protection of Children) Act. Based on the atrocities committed against the younger child, the Thodupuzha Police Tr.PC.410/19 3 has registered Crime No.449 of 2019 against the petitioner and Arun Anand, for offences punishable under Sections 323 and 377 of IPC and Sections 7 and 8 of the POCSO Act. The continued residence of the surviving child with the petitioner not being conducive for the child's welfare, the Child Welfare Committee handed over Custody of the child to the grandparents/respondents.
3. It is an undisputed fact that the child is residing with the grandparents/respondents based on the order of the Child Welfare Committee, Idukki. As such, O.P(G&W).No.1184 of 2019 is pending before the jurisdictional court, viz, the Family Court, Thiruvananthpauram. It is settled law that transfer of a case cannot be ordered based on the convenience of the parties to the lis and in cases pertaining to custody, welfare and well-being of the minor should be the paramount consideration. Hence, the prayer for transfer is rejected.
In the result, the transfer petition is dismissed.
Sd/-
V.G.ARUN, JUDGE vgs Tr.PC.410/19 4 APPENDIX OF TR.P(C) 410/2019 PETITIONER ANNEXURE ANNEXURE A1 TRUE COPY OF THE PETITION IN O.P.(G & W) NO.1184/2019 ON THE FILE OF FAMILY COURT, THIRUVANANTHAPURAM DATED 14.05.2019.