Jalaja Thampi vs Anil Kumar
2021 Latest Caselaw 15152 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
         TUESDAY, THE 20TH DAY OF JULY 2021 / 29TH ASHADHA, 1943
                         TR.P(C) NO. 59 OF 2019
         AGAINST THE ORDER/JUDGMENT IN OPGW 1562/2018 OF FAMILY
                  COURT,TRIVANDRUM, THIRUVANANTHAPURAM
PETITIONER/S:

     1       JALAJA THAMPI
             AGED 60 YEARS
             W/O K.V.THAMPI, KUTTIKKATTU, PUTHENVEETIL HOUSE,
             MOOLAVATTAM P.O., KOTTAYAM, PIN-686012.

     2       DHANUJA THAMPI
             AGED 36 YEARS
             D/O K.V.THAMPI, KUTTIKATTU, PUTHENVEETIL HOUSE,
             MOOLAVATTAM P.O., KOTAYAM, PIN-686 012, REPRESENTED BY
             POWER OF ATTORNEY HOLDER JALAJA THAMPI, AGED 60 YEARS,
             W/O I.V.THAMPI, KUTTIKATTU, PUTHENVEETIL HOSUE,
             MOOLAVATTAM P.O., KOTTAYAM, PIN-686 012.

             BY ADVS.
             DILEEP D BHAT
             SANTHOSH BHASKARAN NAIR
             SABAD K.H.
             GANESH.S.PAI
             SMT.S.MUMTHAS



RESPONDENT/S:

             ANIL KUMAR
             AGED 44 YEARS
             S/O SURENDRAN, R/O CHARUVILLA PUTHEN VEEDU,
             MANGALATHUKONAM, KATTACHAKUZHI, VENGANOOR VILLAGE,
             THIRUVANANTHAPURAM, PIN-695 527.


     THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 TR.P(C) NO. 59 OF 2019
                                  2



                           JUDGMENT

The marital discord among the spouses has resulted in

the second petitioner/wife approaching the Family Court,

Ettumanoor seeking divorce and the respondent/husband

filing O.P.(Guardian) No.1562 of 2018 before the Family

Court, Thiruvananthapuram.

2. The petitioner is a permanent resident of

Moolavattam, within the jurisdictional limits of the Family

Court, Ettumanoor. The two minor children born in the

wedlock are residing with her. Therefore, the petitioner

seeks transfer of the original petition filed by the respondent

to the Family Court at Ettumanoor.

3. Even though notice is served on the respondent,

there is no appearance on his behalf.

4. As per Section 9 of the Guardians and Wards Act,

application with respect to guardianship of the person of the TR.P(C) NO. 59 OF 2019

minor is to be filed before Family court having jurisdiction in

the place where the minor ordinarily resides. Hence, the

transfer petition is liable to be allowed.

In the result, the Transfer Petition is allowed. O.P.

(Guardian) No.1562 of 2018 on the files of the Family Court,

Thiruvananthapuram shall forthwith be transferred to the

Family Court, Ettumanoor.

SD/-

V.G.ARUN JUDGE

RK TR.P(C) NO. 59 OF 2019

APPENDIX OF TR.P(C) 59/2019

PETITIONER ANNEXURE

ANNEXURE A1 THE TRUE COPY OF THE PETITION OF O.P.

(DIVORCE) NO.866/2018 FILED BY THE 2ND PETITIONER.

ANNEXURE A2 A TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE 2ND PETITIONER DHANUJA THAMPI IN FAVOUR OF HER MOTHER MRS. JALAJA THAMPI IST PETITIONER DATED 5.7.2018.

ANNEXURE A3 THE TRUE COPY OF THE PETITION OF O.P.

(GUARDIAN) NO.1562/2018 FILED BY THE RESPONDENT.

RESPONDENT ANNEXURE: NIL