Kerala High Court
Indu Ramachandran vs Prashanth S on 11 August, 2021
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque, Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
OP (FC) NO. 352 OF 2021
AGAINST THE ORDER/JUDGMENT IN OPGW 400/2021 OF FAMILY COURT,
PATHANAMTHITTA, PATHANAMTHITTA
PETITIONER:
PRASANTH.S, AGED 38 YEARS, S/O. SASIDHARAN, KRISHNA NI-
VAS, POOZHIKKADU, PANDALAM P.O., PANDALAM VILLAGE, PIN-
589 501.
BY ADV T.V.NEEMA
RESPONDENTS:
1 INDU RAMACHANDRAN, AGED 36 YEARS, W/O. PRASANTH, K.R.BH-
VAN, PANAYAMCHERRY ANCHAL PO, PUNALUR TALUK, KOLLAM DIS-
TRICT-691 306.
2 PARTHIV KRISHNAN , AGED 8 YEARS (MINOR), K.R.BHAVAN,
PANAYAMCHERRY, ANCHAL PO, PUNALUR TALUK, KOLLAM DISTRICT-
691 306 (REPRESENTED BY HER GUARDIAN AND MOTHER, IST RE-
SPONDENT).
BY ADVS.
K.M.FIROZ
M.SHAJNA
THIS ORIGINAL PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.08.2021, ALONG WITH Tr.P(C).367/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
OP (FC) No.352/2021, Tr. PC No.367/2021
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
TR.P(C) NO. 367 OF 2021
AGAINST THE ORDER/JUDGMENT IN OPGW 400/2021 OF FAMILY COURT,
PATHANAMTHITTA, PATHANAMTHITTA
PETITIONER:
INDU RAMACHANDRAN, AGED 36 YEARS, D/O. RAMACHANDRAN PIL-
LAI, K.R. BHAVAN, PANAYAMCHERRY, ANCHAL POST, PUNALLUR
TALUK, KOLLAM DISTRICT-691 306.
BY ADVS.
K.M.FIROZ
M.SHAJNA
RESPONDENT:
PRASHANTH S., AGED 38, S/O. SASIDHARAN, KRISHNA NIVAS,
POOZHIKKADU, PANDALAM POST, PANDALAM VILLAGE,
PATHANAMTHITTA-689 501.
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.08.2021, ALONG WITH OP (FC).352/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
OP (FC) No.352/2021, Tr. PC No.367/2021
3
JUDGMENT
[OP (FC) Nos.352/2021, 367/2021] A.Muhamed Mustaque, J OP (FC) No.352 of 2021 and Tr.PC No.367 of 2021 are between same parties. OP (FC) No.352 of 2021 is filed by the husband of the 1 st respondent therein seeking expeditious disposal of OP (G&W) No. 400 of 2021 pending before the Family Court, Pathanamthitta. Tr.PC 367 of 2021 is filed by the 1st respondent in OP (FC) No. 352 of 2021 seeking transfer of O.P (G&W) No. 400 of 2021 on the file of the Family Court, Pathanamthita to the Family Court, Kottarakkara.
2. Admittedly, the petitioner in Tr.PC NO. 367 of 2021 is residing within the jurisdiction of the Family Court, Kottarakkara. She is 36 years old and the child in the wedlock is aged about 8 years. The distance from her place of residence to Family Court Pathanamthitta is 55 Km. For these reasons transfer of the case was sought.
3. The learned counsel for the respondent in the transfer petition opposed the prayers.
OP (FC) No.352/2021, Tr. PC No.367/2021 4
4. The request of the petitioner in OP (FC) No.352 of 2021 is for expeditious disposal which has an impact on the custody of the child. It is for the Family Court to decide on the main petition as well as the prayer regarding the interim custody. A Division Bench of this Court in Shiju Joy v. Nisha [2021 (2) KLT 607], had issued necessary guidelines in disposing the petitions and the interim applications.
5. After adverting to the inconvenience of the petitioner in the transfer petition, we are of the view that the transfer petition has to be allowed. The Family Court, Kottarakkara shall follow the guidelines in Shiju Joy v. Nisha [2021 (2) KLT 607], in regard to the disposal of the application for the interim custody.
6. However, the petitioner in OP (FC)No.352 of 2021 should have the company of the child till the prayer for interim custody is decided, on every Saturdays between 2 pm to 5 pm at Sree Dharma Sastha Temple, Panayamchery except on Second Saturday; and, 21.08.2021 being Thiruvonam. The Family Court, Kottarakkara is directed to pass appropriate orders after hearing both the parties on the interim prayer, as OP (FC) No.352/2021, Tr. PC No.367/2021 5 directed by this Court in the aforesaid judgment. The parties are directed to appear before the Family Court, Kottarakkara, on 17.08.2021 at 10.30 am.
Accordingly, these matters are disposed of with the following directions:
1. Tr.PC No.367 of 2021 is allowed and OP (G&W) No. 400 of 2021 is transferred from the Family Court Pathanamthitta to the Family Court Kottarakkara.
2. The parties are directed to appear before the Family Court, Kottarakkara on 17.08.2021 at 10.30 am.
3. The petitioner in OP (FC) No.352 of 2021 is permitted to have contact right as directed above till consideration of the interim prayers for custody sought for by the petitioner.
Sd/-
A.MUHAMED MUSTAQUE JUDGE Sd/-
DR. KAUSER EDAPPAGATH JUDGE PR OP (FC) No.352/2021, Tr. PC No.367/2021 6 APPENDIX OF TR.P(C) 367/2021 PETITIONER ANNEXURE Annexure A1 TRUE COPY OF OP (G&W) NO. 400/2021 ON THE FILES OF THE FAMILY COURT, PATHANAMTHITTA. OP (FC) No.352/2021, Tr. PC No.367/2021 7 APPENDIX OF OP (FC) 352/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE OP(G&W) 400/2021 FILED BEFORE THE FAMILY COURT, PATHANAMTHITTA.