Kerala High Court
Anu Juneo vs Kuriyan George on 5 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
TR.P(C) NO. 115 OF 2021
AGAINST THE ORDER/JUDGMENT IN GOP 275/2021 OF FAMILY COURT, ERNAKULAM
PETITIONER/S:
ANU JUNEO
AGED 33 YEARS
D/O.KANDAMKULATHY, JUNEO JOHN, KANDAMKULATHY HOUSE,
POOMANGALAM VILLAGE, ARIPALAM DESOM, MUKUNDAPURAM TALUK.
BY ADV T.N.MANOJ
RESPONDENT/S:
KURIYAN GEORGE
AGED 34 YEARS, S/O.CHURAMATHIYIL GORGEKUTTY, RESIDING AT
MARIYA, 3RD CROSS, RAVINDRAN ROAD, ELAMKULAM VILLAGE,
KANAYANNOOR TALUK, PIN-682 020.
BY ADV SRI.PRADEESH CHACKO
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TR.P(C) NO. 115 OF 2021
2
O R D E R
The marital discord among spouses has resulted in the
respondent / husband filing GOP 275 of 2021 before the
Family Court, Ernakulam. The petitioner/wife seeks transfer
of that original petition to the Family Court, Irinjalakuda,
contending that the child is residing with her at Aripalam,
within the limits of the Family Court, Irinjalakuda. Further,
she has filed O.P.No.995 of 2020 before the Family Court,
Irinjalakuda and the respondent/ husband has to anyway
appear before that court.
2. The respondent/husband has filed a counter
affidavit controverting the averment in the transfer petition
that the petitioner and the child are residing at Irijalakuda.
According to the husband, the petitioner has contracted
another marriage and is residing with that person at
Kakkanad, in Ernakulam, with the child. To prove this
aspect, the husband produced certain photographs and
TR.P(C) NO. 115 OF 2021
facebook posts. As against this, the wife produced a recent
insurance policy carrying her Irinjalakuda address and the
postal acknowledgment evidencing service of notice in GOP
No. 275 of 2021 filed by the husband in the same address.
3. The learned Counsel for the husband attempted to
clarify the position by stating that in the GOP, the husband
had taken out notice in Irinjalakuda and Ernakulam
addresses of the wife.
4. It is submitted that the primary concern of the
husband is the well-being of the child and he is apprehensive
about the child's safety. The learned Counsel for the wife
assured that the child will continue to reside with her in her
parental house at Irinjalakuda.
5. Having heard the learned Counsel on either side, I
am of the opinion that the available materials are not
sufficient to hold that the wife and child are residing at
Ernakulam. It is not for this court to venture into the
TR.P(C) NO. 115 OF 2021
controversy whether the wife contracted a second marriage
and shifted her residence to Ernakulam. Such matters are
best left for the Family Court to decide.
In the result, the Transfer Petition is allowed. GOP No.
275 of 2021 on the files of the Family Court, Ernakulam shall
forthwith be transferred to the Family Court, Irinjalakuda.
Sd/-
V.G.ARUN
JUDGE
RK
TR.P(C) NO. 115 OF 2021
APPENDIX OF TR.P(C) 115/2021
PETITIONER ANNEXURE
ANNEXURE A TRUE COPY OF THE GOP 275/2021 DATED
23.01.2021 ON THE FILES OF THE FAMILY
COURT AT ERNAKULAM.
ANNEXURE B TRUE COPY OF THE IA 503/2021 IN GOP
275/2021 DATED 25.01.2021 ON THE FILES
OF THE FAMILY COURT AT ERNAKULAM.
ANNEXURE C TRUE COPY OF OP 995/2020 DATED NIL
PENDING ON THE FILES OF THE FAMILY COURT
AT IRINJALAKUDA.
