Hemalatha vs Vijeesh

Petitioner, who seeks transfer of OP.No.844 of 2018 now pending before Family Court, Malappuram to Family Court, Thrissur is the

respondent/wife in that O.P.

The O.P was filed by husband, who is the respondent herein for guardianship of the child, who is in the custody of the petitioner herein. The

petitioner is residing within the territorial limits of Family Court, Thrissur. Her case is that if OP is to be tried before Family Court, Malappuram, she

will have to undertake a long journey of 100 Kms. with her child. This, according to her, will disrupt child's studies in 'Pope John L.P. School at

Kuriyachira, which is in Thrissur District.

I heard the learned counsel for the petitioner as well as the respondent.

A counter was filed by respondent opposing transfer. It is contended that the petitioner eloped with a person by named Santhosh and is not

interested in the affairs of the child. It is also submitted that the respondent has to take care of his aged father, who is residing with him. One of the

contentions raised is that the guardian OP cannot be maintained before any other court other than the Family Court, Malappuram within whose

jurisdiction the child ordinarily resides.

After hearing both sides, I am of opinion that the ground for transfer made out by the petitioner is just and reasonable. The transfer is necessary not

only in the interest of the petitioner but also her child. No valid ground for declining request for transfer has been made out in the counter affidavit. I

am therefore, of the opinion that petition for transfer is only to be allowed.

In the result, Tr.P.C is allowed withdrawing O.P.No.844 of 2018 on the file of Family Court, Malappuram to Family Court, Thrissur. The Family

Court, Malappuram shall take steps for sending up records to Family Court, Thrissur. On receipt of the records, the transferee Family Court will issue

notices to parties directing them to appear before that Court within a reasonable period of time.