IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(C).No. 223 of 2009()
1. REJANI, AGED 30 YEARS, D/O.RAJAN,
... Petitioner
Vs
1. SANTHOSH, S/O.REVI, SANTHOSH BHAVAN,
... Respondent
For Petitioner :SRI.K.V.ANIL KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :15/09/2009
O R D E R
S.S.SATHEESACHANDRAN, J.
-----------------------------------
Tr.P.C.No.223 of 2009
---------------------------------
Dated this the 15th day of September, 2009
O R D E R
Petition for transfer is filed under Section 24 of CPC.
Petitioner is the wife and respondent, the husband. Matrimonial
disputes between them have given rise to two proceedings, one
by the husband as O.P.(G.W)No.171 of 2009 before the Family
Court, Alappuzha, seeking custody of their only child aged about
8 years. Wife had filed another petition for dissolution of
marriage as O.P.(H.M.A)No.349 of 2009 before the Family Court,
Kottarakkara. Wife seeks transfer of the petition filed by the
husband as O.P.No.171 of 2009 pending on the file of the Family
Court, Alappuzha to the Family Court, Kottarakkara.
2. Notice of the application was given to the respondent,
but, it was returned with endorsement that he has left India.
Notice was then directed to be served on the counsel appearing
for the respondent in the court below in O.P.(G.W)No.171 of
2009 before the Family Court, Alappuzha. Accordingly, memo
has been filed evidencing such service on the counsel. The
respondent, however, remain absent after such service.
Tr.P.C.No.223 of 2009
2
3. I heard the counsel for the petitioner.
4. Having regard to the submissions made and taking
note of the facts and circumstances presented, I find the request
for transfer deserves consideration. It is submitted that the child
is under the custody of the mother, petitioner, ever since the
spouses separated in the year 2007. The child is studying in
class II in Divine Montessori Public School, Manjakkala, which
comes within the jurisdiction of the Family Court, Kottarakkara.
Having regard to Section 9 of the Guardian and Wards Act, which
stipulates that the jurisdiction in respect of a proceedings
involving a minor shall be within the court where the minor
ordinarily reside, prima facie, it appears, that the Family Court,
Kottarakkara alone has got jurisdiction to entertain any petition
in respect of the minor. Petitioner has produced a certificate
issued by the school in which the child is studying, which is
appended to the petition as Annexure D. Perusing the certificate,
submissions made by the counsel and also the fact that the
respondent/husband has elected to remain absent practically
concedes that he has no objection to the transfer, I find that the
Tr.P.C.No.223 of 2009
3
petition has to be allowed. The Judge, Family Court, Alappuzha
is directed to transmit the records of O.P.(G.W)No.171 of 2009 to
the Family Court, Kottarakkara where O.P.(H.M.A)No.349 of 2009
filed by the wife is pending. The transferee court on receipt of
the records shall give notice to the parties for their appearance.
Petition allowed as above.
S.S.SATHEESACHANDRAN,
JUDGE.
bkn/-