N.D.Babu vs Anjana Dinesh
2021 Latest Caselaw 14431 Ker

  Tr.PC.638/19                       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. 638 OF 2019
 AGAINST THE ORDER/JUDGMENT IN OPGW 350/2019 OF FAMILY COURT,
                          THODUPUZHA, IDUKKI
PETITIONER/S:

    1       N.D.BABU,
            AGED 73 YEARS
            S/O M.A.DAS, BINU MANDIRAM, POURNAMI NAGAR,RESIDENTS
            ASSOCIATION, HOUSE NO 27 (PNRA 27), MUTTATHARA
            VILLAGE, KAMALESWARAM WARD, T.C.NO 43/732, MANACAUD
            P.O.THIRUVANANTHAPURAM-695 009.

    2       RAMANI KUMAR R,
            AGED 69 YEARS
            W/O N.D.BABU, BINU MANDIRAM, POURNAMI
            NAGAR,RESIDENTS ASSOCIATION, HOUSE NO 27 (PNRA 27),
            MUTTATHARA VILLAGE, KAMALESWARAM WARD, T.C.NO
            43/732, MANACAUD P.O.THIRUVANANTHAPURAM-695 009.

            BY ADVS.
            R.T.PRADEEP
            SMT.M.BINDUDAS


RESPONDENT/S:

            ANJANA DINESH,
            AGED 35 YEARS
            D/O K.K.SOBHANA, KALLOOR HOUSE, CHEENIKUZHI
            P.O.MANACHIKKALLU, THODUPUZHA, IDUKKI DISTRICT, PIN-
            685 595.

            BY ADV SRI.DINESH MATHEW J.MURICKEN


     THIS    TRANSFER    PETITION   (CIVIL)    HAVING   COME   UP   FOR
ADMISSION ON 13.07.2021, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
       Tr.PC.638/19                            2

                                    V.G.ARUN, J.
                     -----------------------------------------------
                             Tr.P.(C).No. 638 of 2019
                     -----------------------------------------------
                     Dated this the 13th day of July, 2021

                                      ORDER

This transfer petition is filed by the respondents in O.P.

(G&W).No.350 of 2019 pending before the Family Court, Thodupuzha

seeking transfer of the case to the Family Court,

Thiruvananthapuram, to be tried along with O.P(G&W).No.1184 of

2019 filed by the petitioners and pending before the Family Court,

Thiruvananthapuram. The dispute is regarding the custody of the

minor child born in the wedlock between the 1 st petitioner and the

respondent.

2. Learned counsel for the respondent submitted that the

respondent has no objection in the transfer petition being allowed, so

that multiplicity of proceedings and divergent decisions can be

avoided.

The transfer petition is hence allowed. O.P(G&W).No.350 of

2019 of the Family Court, Thodupuzha shall forthwith be transferred

to the Family Court, Thiruvananthapuram. The parties shall appear

before the Family Court, Thiruvananthapuram on 28.7.2021.

Sd/-

V.G.ARUN, JUDGE

vgs

APPENDIX OF TR.P(C) 638/2019

PETITIONER ANNEXURE

ANNEXURE 1 TRUE COPY OF O.P.(G & W) NO 350/2019 BEFORE THE FAMILY COURT, THODUPUZHA.

ANNEXURE 11 TRUE COPY OF COMPLAINT DATED 22.11.2018 BEFORE KERALA STATE POLICE CHIEF.

ANNEXURE 111 TRUE COPY OF RECEIPT DATED 22.11.2018 AS REGARD SUBMISSION OF COMPLAINT BEFORE KERALA STATE POLICE CHIEF.

ANNEXURE IV TRUE COPY OF APPLICATION NIL DATED BY 1ST PETITIONER SEEKING THE CUSTODY OF CHILD BEFORE THE CHILD WELFARE COMMITTEE.

ANNEXURE V TRUE COPY OF ORDER DATED 3.5.2019 BY CHILD WELFARE COMMITTEE IDUKKI

ANNEXURE VI TRUE COPY OF CASE RECORD OF BEHAVIORAL PEDIATRIC UNIT OF GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM AS REGARD THE EXAMINATION OF CHILD ON 16.5.2019

ANNEXURE VII TRUE COPY OF REPORT DATED 9.4.2019 BY DISTRICT CHILD PROTECTION OFFICER, THIRUVANANTHAPURAM

ANNEXURE VIII TRUE COPY OF RECEIPT DATED 13.5.2019 AS REGARD ADMISSION OF ARUSH BIJU AT L.K.G.

ANNEXURE IX TRUE COPY OF O.P (G & W) NO 1184/2019 DATED 14.5.2019 BEFORE FAMILY COURT, THIRUVANANTHAPURAM

ANNEXURE X TRUE COPY OF ORDER DATED 1.7.2019 IN IA NO 2096/2019 IN O.P.(G & W) NO 1184/2019