SMITHA MARY GEORGE v. DEEPAK CHUMMAR
Case at a glance
Outcome
Dismissed
Accordingly, these Transfer Petitions are dismissed
Key paragraphs
- Para 55. Admittedly, the first two children are in the custody of the husband. Both of them are studying in a School at Aluva, in the 4th and 2nd standard respectively. They are residing along with the husband at Aluva. The husband has obtained an order…
Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 TR.P(C) NO. 154 OF 2024 GOP NO.1201 OF 2023 OF FAMILY COURT, ALUVA PETITIONER/RESPONDENT: SMITHA MARY GEORGE AGED 35 YEARS DAUGHTER OF T.A. SUNNY, RESIDING AT THUMBIYAMKUZHIYIL HOUSE, NJEEZHOOR VILLAGE, KATTAMPACK POST, KOTTAYAM DISTRICT., PIN - 686612 BY ADV P.K.RAVISANKAR RESPONDENT/PETITIONER: DEEPAK CHUMMAR AGED 39 YEARS S/O CHUMMAR, CHANDANATHIL HOUSE, CHOWARA POST, ERNAKULAM DISTRICT, PIN - 683571 BY ADVS. N.S.HASNA MOL SUDHEER K.K.(K/000140/2003) K.K.NASSEER (ALUVA)(K/276/1992) THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2024, ALONG WITH TR.P(C).153/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: TR.P(C) NO. 153 & 154 OF 2024 - : 3 :-
O R D E R These transfer petitions have been filed by the petitioner/wife to transfer O.P.No.1133 of 2023 and G.O.P.No.1201 of 2023 pending before the Family Court, Aluva to Family Court, Ettumanoor.
The petitioner in both these cases are the wife and the respondent in Tr.P.C.No.154 of 2024 and the 1st respondent in Tr.P.C.No.153 of 2024 is the husband. Both the original petitions have been filed by the husband at Family Court, Aluva. Now, the wife wants to transfer both these original petitions to Family Court, Ettumanoor. It is in these circumstances, these transfer petitions have been filed.
I have heard both sides. It is submitted by the petitioner that two more cases between the parties i.e., O.P.(G&W) No.205 of 2024 and M.C.No.22 of 2024 are pending before the Family Court, Ettumanoor. It is submitted that the petitioner is residing at Kottayam. TR.P(C) NO. 153 & 154 OF 2024 - : 4 :-
Operative part
Admittedly, the first two children are in the custody of the husband. Both of them are studying in a School at Aluva, in the 4th and 2nd standard respectively. They are residing along with the husband at Aluva. The husband has obtained an order of interim injunction in G.O.P.No.1201 of 2023 against the wife from taking away the children from his custody. O.P.(G&W) No.205 of 2024 is filed at the Family Court, Ettumanoor in respect of the 3rd child whose paternity is under dispute. Considering the fact that two minor children of the parties are residing along with the husband at Aluva and they are studying in a School at Aluva, the prayer sought for to transfer the original petitions to the Family Court, Ettumanoor cannot be granted, inasmuch as it would be prejudicial to the interest of the children. Accordingly, these Transfer Petitions are dismissed. AS DR.KAUSER EDAPPAGATH, JUDGE Sd/- TR.P(C) NO. 153 & 154 OF 2024 - : 5 :- APPENDIX OF TR.P(C) 153/2024 PETITIONER ANNEXURES ANNEXURE A ANNEXURE B TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER IN O.P. NO. 1133 OF 2023 BEFORE THE FAMILY COURT, ALUVA TRUE COPY OF THE G & W. O.P. 205 OF 2024 BEFORE THE FAMILY COURT, KOTTAYAM AT ETTUMANOOR ANNEXURE C TRUE COPY OF THE M.C. 22 OF 2024 BEFORE THE FAMILY COURT, KOTTAYAM AT ETTUMANOOR TR.P(C) NO. 153 & 154 OF 2024 - : 6 :- APPENDIX OF TR.P(C) 154/2024 PETITIONER ANNEXURES ANNEXURE A ANNEXURE B TRUE COPY OF THE I.A. NO. 2 OF 2023 IN G.O.P. NO. 1201 OF 2023 BEFORE THE FAMILY COURT, ALUVA TRUE COPY OF THE G & W. O.P. 205 OF 2024 BEFORE THE FAMILY COURT, KOTTAYAM AT ETTUMANOOR ANNEXURE C TRUE COPY OF THE M.C. 22 OF 2024 BEFORE THE FAMILY COURT, KOTTAYAM AT ETTUMANOOR
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.