SUCHITHRA MADHUSOODHANAN v. NAVEEN R.NAIR

: 2 :Tr.P(C).No. 130 of 2012 () APPENDIXPETITIONER(S) ANNEXURES:ANNEX.1:COPY OF THE O.P.NO.193/12 FILED BEFORE THE FAMILYCOURT, THIRUVANANTHAPURAM.ANNEX.3:COPY OF THE CERTIFICATE DATED 12.08.2001 ISSUED BY THEHINDU MARRIAGE REGISTRAR, ALANDUR.ANNEX.4:COPY OF THE CERTIFICATE ISSSUED BY THE SECRETARY OFNSS KARAYOGAM NO.237 MALAKKARA.ANNEX.5:COPY OF THE BIRTH CERTIFICATE DATED 04.04.2009 ISSUEDBY THE REGISTRAR OF BIRTHS AND DEATHA, KOZHENCHERRYGRAMA PANCHAYAT.ANNEX.6:COPY OF THE RESIDENTIAL CERTIFICATE DATED 09.07.2012 ISSUED BY THE SECRETARY, ARANMULA GRAMA PANCHAYAT.ANNEX.7:COPY OF THE RECEIPT DATED 01.06.2012 ISSUED IN CONNECTION WITH THE ADMISSION OF CHILD AMUDHA NAVEENIN VANI PUBLIC SCHOOL, CHENGANOOR.ANNEX.8:COPY OF THE ORDER DATED 09.04.2012 PASSED BY THE COURTOF THE JUDICIAL MAGISTRATE OF THE FIRST CLASS 1,PATHANAMTHITTA.ANNEX.9:COPY OF THE ORDER DATED 09.04.2012 PASSED BY THE COURTOF THE JUDICIAL MAGISTRATE OF THE FIRST CLASS 1, PATHANAMTHITTA.ANNEX.10:COPY OF THE ORDER DATED 27.02.2012 PASSED BY THE FAMILYCOURT, THIRUVANANTHAPURAM.ANNEX.11:COPY OF THE HALL TICKET BEARING REGISTRATION NO.121711ANNEX.12:COPY OF THE MERIT CARD ISSUED BY THE PRINCIPAL OF VANIPUBLIC SCHOOL, CHENGANNUR TO AMUDHA NAVEEN.ANNEX.13:COPY OF THE RELEVANT PAGES OF THE ATTENDANCE REGISTERMAINTAINED IN VANI PUBLIC SCHOOL FOR THE STANDARD LKG FOR THE MONTH OF SEPTEMBER 2012.ANNEX.14:COPY OF THE RELEVANT PAGES OF THE ATTENDANCE REGISTERMAINTAINED IN VANI PUBLIC SCHOOL FOR THE STANDARD LKGFOR THE MONTH OF OCTOBER 2012.Contd....3/-AMV : 3 :Tr.P(C).No. 130 of 2012 () ANNEX.15:COPY OF THE FEE RECEIPT DATED 16.10.2012 EVIDENCING PAYMENT OF MONTHLY FEE FOR THE MONTHS OF SEPTEMBERAND OCTOBER 2012.ANNEX.16:COPY OF THE ORDER DATED 29.10.2012 PASSED BY THISHON'BLE COURT IN CRL.M.C.NO.3380 OF 2012.RESPONDENTS ANNEXURES:ANNEX.R1(A):COPY OF THE ORDER IN I.A.NO.414/2012 IN OP(GW) NO.193/2012DATED 27.02.2012 OF THE FAMILY COURT, THIRUVANANTHAPURAM.ANNEX.R1(B):COPY OF THE FREE RECEIPT DATED 23.01.2012.ANNEX.R1(C):COPY OF THE FIRST INFORMATION REPORT NO.123/2012 OFMUSEUM POLICE STATION DATED 29.01.2012.ANNEX.R1(D):COPY OF THE CERTIFICATE DATED 28.05.2012 ISSUED BY G.SURESH KUMAR, COUNCILOR.ANNEX.R1(E):COPY OF ORDER IN IA NO.1593/2012 IN OP(GW) NO.193/2012DATED 19.05.2012 OF THE FAMILY COURT, THIRUVANANTHAPURAM.ANNEX.R1(F):COPY OF THE LETTER DATED 23.10.2012 ISSUED FROM OFFICEOF AGM-HUMAN RESOURCES TO PETITIONER/RESPONDENT.ANNEX.R1(G):COPY OF THE PETITION FILED BY THE PETITIONER IN OP(G&W)NO.193/12 DATED 05.11.2012 ON THE OF THE FAMILY COURT,THIRUVANANTHAPURAM.ANNEX.R1(H):COPY OF THE LETTER DATED 24.09.2012 FROM VANI PUBLICSCHOOL TO THE RESPONDENT.ANNEX.R1(I):COPY OF THE CMP NO.7516/2012 FILED BY THE RESPONDENTBEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT,PATHANAMTHITTA DATED 15.10.2012.Contd....4/-AMV : 4 :Tr.P(C).No. 130 of 2012 () ANNEX.R1(J):COPY OF THE OBJECTION FILED BY RESPONDENT IN IANO.1225/2012 IN OP (G&W) NO.193/12 BEFORE THE FAMILYCOURT, TRIVANDRUM.ANNEX.R1(K):COPY OF THE COMMISSION APPLICATION FILED BY PETITIONER IN OP NO.1296/2012 ON THE FILE OF THE FAMILY COURT, THIRUVANANTHAPURAM.ANNEX.R1(L):COPY OF THE INVENTORY REPORT DATED 16.08.2012 INOP NO.1296/2012 ON THE FILE OF THE FAMILY COURT,THIRRUVANANTHAPURAM.ANNEX.R1(M):COPY OF THE AFFIDAVIT AND PETITION FILED BY THE ADVOCATEOF RESPONDENT IN OP (W&G) NO.193/2012 ON THE FILE OF THE FAMILY COURT, THIRUVANANTHAPURAM./TRUE COPY/P.A.TO JUDGEAMV V.CHITAMBARESH,J. = = = = = = = = = = = Tr.P.(C) No. 130 of 2012 = = = = = = = = = = = == = = = = Dated this the 12th day of December, 2012 O R D E RO.P(G &W) No.193/2012 on the file of the Family Court,Thiruvananthapuram has been filed by the wife for permanentcustody of her minor daughter - Amudha Naveen -now aged 4 ½years . The wife is employed as a non technical senior executivein U.S.T Global Technopark, Thiruvananthapuram and herhusband is working as the Bureau Chief in CNN IBN,Thiruvananthapuram. It is stated that the wife is under orders oftransfer to Ernakulam and that her job enables her to lend herservices from home compelling her to attend office only inconnection with important meetings. It is further stated that thepetition for permanent custody was filed at Thiruvananthapuramwhen she was occupying a rented house at Sasthamangalam atThiruvananthapuram which has subsequently been vacated inSeptember 2012. The wife seeks transfer of the case from theFamily Court, Thiruvananthapuram to the Family Court,Pathanamthitta even though the prayer in the petition for Tr.P.(C) No. 130 of 20122transfer mentions Alappuzha which is a neighbouring district ofPathanamthitta. 2. The husband contends that the wife had preferred thepetition for permanent custody of the child atThiruvananthapuram on her own volition and that she should notbe permitted to get a transfer of the case to another placedependant on her employment. It is further stated that her baseworking station is at Thiruvananthapuram only even though shemay be occupying rented premises at Ernakulam or elsewhere.The husband points out that the child, Amudha Naveen has beenleft with the mother of the wife at Malakkara , Pathanamthittaand that no case for transfer is made out. The husband contendsthat he got a transfer from New Delhi to Thiruvanthapuramonly for the purpose of spending more time with the childAmudha Naveen and his wife (now estranged).3. It may at once be noticed that the child may have toappear in the Family Court often in connection with interimcustody and also in the enquiry about her wishes by thePresiding Officer. The following documents would reveal thatthe child is presently studying in the Vani Public School,Chengannur at Pathanamthitta i) Fee receipt of Vani Public School (Annexure 7).ii) Hall ticket issued for Asia Scholarship Examination Tr.P.(C) No. 130 of 20123which mentions the school also (Annexure 11)iii) Merit Card issued by the school (Annexure 12)iv) Attendance register maintained by the school (Annexure 14)v) Fee receipt issued by the school (Annexure 15)vi) Letter issued by the school complaining of unauthorisedabsence of child. (Annexure R1(h)) These documents prima facie show that the child isstudying in the Vani Public School, Chengannur falling withinthe jurisdiction of the Family Court, Pathanamthitta 4. It is conceded that the mother of the wife is residing atMalakkara in Pathanamthitta. The permanent residence of thewife is also at Malakkara,Pathanamthitta as is evident by theResidential Certificate issued by the Secretary of GramaPanchayath (Annexure 6). The minor ordinarily resides withinthe jurisdiction of the Family Court, Pathanamthitta to whichCourt the transfer is now sought. Only the court havingjurisdiction in the place where the minor ordinarily resides canentertain a petition for guardianship under Section 9 of theGuardian and Wards Act, 1890. The mere fact that the motheror the father of the child was stationed temporarily at variousplaces in connection with their employment is immaterial. Areference in this connection to the judgment in T.J.Chandy vs. Tr.P.(C) No. 130 of 20124Mary Baneena and another (1988 (1)KLJ 529) is apposite.It is held therein as follows.“It is true that the place of residence at the time offiling of the application under the Act is not decisive toascertain the place of ordinary residence, as it would be easyto move the minor children from one place to another andfrom one jurisdiction to another . The expression “ordinarilyresides” connote a regularly settled home and not a place ofstay where the children are obliged to dwell by force ofcircumstances or compulsion of parent's employment.”5. The wife has explained that she could not succeed insecuring admission for the child at Sree AtamanadaMemorial School, Malakkara owing to the fact that she was not4 ½ years then. The documents aforementioned prima facieshow that Amudha Naveen is now studying in the Vani PublicSchool within the jurisdiction of the Family Court,Pathanamthitta . It will be a virtual impossibility for the wife andchild to travel all the way from Pathanamthitta toThiruvanthapuram for the conduct of the case. It may only be aslight inconvenience for the husband to travel fromThiruvanathapuram to Pathanamthitta for this purpose. 6. I therefore order transfer of O.P (G & W)No.193/2012from the Family Court, Thiruvananthapuram to the Family Court,Pathanamthitta at Thiruvalla. Either parties are at liberty tomove the Family Court, Pathanamthitta for visiting rights duringthe weekends, Onam holidays, Christmas holidays and the Tr.P.(C) No. 130 of 20125Summer holidays.7. The husband points out that there is a paucity of timenow to move the transferee court for interim custody of the childduring the Christmas vacation for the year 2012. I find that thechild -Amudha Naveen - has through out been with the wifeduring the pendency of the proceedings. I therefore permit therespondent father to have interim custody of the child for eightdays during the Christmas vacation in the year 2012. The wifeshall hand over the child -Amudha Naveen- to the husband at10.a.m on 20-12-2012. The husband shall return the child at10.a.m on 28-12-2012. The venue for handing over the child onthese two occasions will be the Family court, Pathanamthitta atThiruvalla. The husband laments that the order passed by theFamily Court, Thiruvanthapuram as regards interim custodyduring alternate Saturdays is not strictly being complied with bythe wife. That is a matter to be brought to the notice of thetransferee court which will deal with all the aspects. The Transfer Petition (Civil) is disposed of. No costs. V.CHITAMBARESH.JUDGEsmm Tr.P.(C) No. 130 of 20126 Tr.P.(C) No. 130 of 20127