Kerala High Court
Anjana Dinesh vs N.D.Babu on 13 July, 2021
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
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
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.
