Kerala High Court
Sebi David vs Telma on 4 July, 2019
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 4TH DAY OF JULY 2019 / 13TH ASHADHA, 1941
Tr.P(C).No.304 of 2019
TO TRANSFER OP 744/2019 of FAMILY COURT, ATTINGAL TO FAMILY
COURT KOLLAM
PETITIONER/S:
SEBI DAVID,
AGED 29 YEARS
S/O.DAVID, TERENA BHAVAN, KAVANAD PO, KANIYANKAD,
KOLLAM TALUK, KOLLAM DISTRICT.
2.LIJO JOHNSON, AGED 27 YEARS,
W/O. JOHNSON RESIDING AT MULLOOR VEEDU,
MANGAD P.O. KANDACHIRA, KOLLAM TALUK,
KOLLAM DISTRICT.
BY ADVS.
SRI.C.R.JAYAKUMAR
SRI.NOBEL RAJU
RESPONDENT/S:
1 TELMA,
AGED 50 YEARS
W/O.RAJAN RESIDING AT POLLKKOODAM MEKKUM PURAYIDAM
VEEDU, MEKKUMURI, ANCHUTHENGU PO, THIRUVANANTHAPURAM
DISTRICT 695309
2 RAJAN
AGED 58 YEARS
S/O.MARIAN RESIDING AT PALLKKOODAM MEKKUM PURAYIDAM
VEEDU, MEKKUMURI, ANCHUTHENGU PO, THIRUVANANTHAPURAM
DISTRICT -695309
BY ADV. SRI.LATHEESH SEBASTIAN
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2019, ALONG WITH Tr.P(C).368/2019, THE COURT ON4/7/2019
PASSED THE FOLLOWING:
Tr.P.(C)No.304/2019 & 368/2019 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 4TH DAY OF JULY 2019 / 13TH ASHADHA, 1941
Tr.P(C).No.368 of 2019
(TRANSFER OP 466/2019 of FAMILY COURT, ATTINGAL TO THE FAMILY
COURT, KOLLAM)
PETITIONER/PETITIONER:
1 TELMA,
AGED 50 YEARS
W/O.RAJAN, PALLIKKOODAM MEKKU PURAYIDAM VEEDU,
MEKKUMURI, ANCHUTHENGU.P.O., THIRUVANANTHAPURAM
DISTRICT-695309.
2 RAJAN,
AGED 58 YEARS
S/O.MARIAN, PALLIKKOODAM MEKKU PURAYIDAM VEEDU,
MEKKUMURI, ANCHUTHENGU.P.O., THIRUVANANTHAPURAM
DISTRICT-695309.
BY ADV. SRI.LATHEESH SEBASTIAN
RESPONDENT/RESPONDENTS:
1 SEBI DAVID,
AGED 29 YEARS,
S/O.DAVID, TERENA BHAVAN, KAVANAD.P.O.,
KANIYANKADA, KOLLAM DISTRICT-691046.
2 LIJO JOHNSON,
AGED 27 YEARS, S/O.JOHNSON, MULLOOR VEEDU,
MANGAD.P.O., KANDACHIRA, KOLLAM DISTRICT-691046.
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2019,ALONG WITH TR.P.(C) NO.304/2019 THE COURT ON
4/7/2019 PASSED THE FOLLOWING:
Tr.P.(C)No.304/2019 & 368/2019 3
O R D E R
[ Tr.P(C) 304/2019 ,Tr.P(C).368/2019 ] Petitioners in Tr.P.(C)No.304/2019 are the respondents in O.P.No.744/2019 of the Family Court, Attingal. Petitioners in Tr.P.(C) No.368/2019 are the respondents in O.P.(G&W)No.477/2019 of the Family Court, Kollam. Petitioners in Tr.P.(C) No.304/2019 are the respondents in Tr.P.(C) No.368/2019 and the petitioners therein are the respondent in Tr.P.(C)No.304/2019.
2. The first petitioner in Tr.P.(C)No.304/2019 was married to the daughter of the respondents therein. A child, who is now aged 4 years, was born. Matrimonial relationship got strained and the wife committed suicide. Thereafter, respondents herein filed O.P.No.744/2019 before the Family Court, Attingal seeking reliefs. Allegation is that, the respondents in the original petition made several attempts to take away the minor child by force.
3. The case of the petitioners in Tr.P.(C) No.368/2019 is that, the first respondent therein was married to the younger daughter of the petitioners. Due to cruelty meted out on her demanding dowry, she Tr.P.(C)No.304/2019 & 368/2019 4 consumed poison and committed suicide. Crime No.118/2019 was registered against the first respondent and his family members for offences under sections 498A and 306 IPC. He was arrested and released on bail after several days of custody. The minor child was living with the petitioners in this transfer petition . While so, the first respondent forcefully took away the child from the custody of the petitioners, who are the matrimonial grandparents of the child, and handed over the child to the second petitioner who is his cousin. O.P. (G&W)No.466/2019 was filed before the Family Court, Kollam seeking relief. Contending that petitioners in Tr.P.(C)No.368/2019 find it extremely difficult to travel to Kollam and to contest the proceedings, they seek transfer of the case from the Family Court, Kollam to the Family Court, Attingal, where O.P.No.744/2019 is pending. On the other hand, petitioners Tr.P.(C) No.304/2019 seek transfer of O.P.No.744/2019 from the Family Court, Attingal to the Family Court, Kollam contending that the O.P.(G&W) No.466/2019 is pending before the Family Court, Kollam.
4. Heard both sides and examined the records.
5. Respondents inTr.P.(C)No.304/2019 have filed detailed objections traversing the various allegations. It was contended that the first petitioner had meted out cruelty on his wife, which drove her to commit suicide. The minor child, who was in the custody of the Tr.P.(C)No.304/2019 & 368/2019 5 respondents was taken away forcefully by the first petitioner. Hence, the continuation of the child in the custody of the first petitioner will not be in the interest of the child.
6. It is seen that the child is studying in a school at Kollam. It is true that allegations are raised against the petitioners in Tr.P.(C) No.304/2019. However, the child is now being taken care of by the first petitioner's father. It is also seen that O.P.(G&W)No.466/2019 pending before the Family Court, Kollam, was the firstly instituted proceeding. Though respondents in Tr.P.(C) No.304/2019 are stated to be aged persons and they have to travel from Attingal in Thiruvanathapuram District to the Family Court, Kollam, I do not find it will cause much inconvenience to them.
7. Having considered the above facts, I feel that Tr.P.(C)No. 304/2019 is liable to be allowed transferring O.P.No.744/2019 of the Family Court, Attingal to the Family Court,Kollam. Accordingly, Tr.P. (C) No. 304/2019 is allowed as follows:
I). O.P.No.744/2019 pending before the Family Court, Attingal stands transferred to the Family Court, Kollam.
ii). The Family Court, Attingal will transmit the entire files of O.P.No.744/2019 to the Family Court, Kollam.
Iii). Both parties shall appear before the Family Court, Kollam on 9/8/2019 without any further order. Tr.P.(C)No.304/2019 & 368/2019 6
Tr.P.(C)No.368/2019 stands dismissed.
Sd/-
SUNIL THOMAS JUDGE dpk Tr.P.(C)No.304/2019 & 368/2019 7 APPENDIX OF Tr.P(C) 304/2019 PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE TRUE COPY OF THE PETITION IN O.P.NO.466/2019 FILED BY THE 1ST PETITIONER PENDING BEFORE THE FAMILY COURT, KOLLAM ANNEXURE A2 THE TRUE COPY OF PETITION IN O.P.NO.744/2019 FILED BY THE RESPONDENTS, PENDING BEFORE THE FAMILY COURT, ATTINGAL ANNEXURE A3 THE TRUE COPY OF THE PETITION IN I.A.NO.1667/2019 IN O.P.NO.744/2019 FILED BY THE RESPONDENTS, PENDING BEFORE THE FAMILY COURT, ATTINGAL ANNEXURE A4 THE TRUE COPY OF THE EMPLOYMENT CERTIFIED DATED 20/05/2019 ANNEXURE A5 THE TRUE COPY OF THE FEES RECEIPT ISSUED FROM THE TRINITY LYCEUM, KOLLAM. APPENDIX OF Tr.P(C) 368/2019 PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO.118/2019 OF SAKTHIKULANGARA POLICE STATION.
ANNEXURE A2 TRUE COPY OF THE PETITION IN O.P. (G&W)NO.466/2019 FILED BEFORE THE FAMILY COURT, KOLLAM.
ANNEXURE A3 TRUE COPY OF PETITION IN O.P.NO.44/2019 OF FAMILY COURT, ATTINGAL.