Kerala High Court
Neethu B. @ Neethu Baby Mathew vs Rajesh Kumar on 14 January, 2020
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
TUESDAY, THE 14TH DAY OF JANUARY 2020 / 24TH POUSHA, 1941
Tr.P(C).No.778 OF 2019
AGAINST THE ORDER/JUDGMENT IN OP(GW) 2353/2019 OF FAMILY
COURT,TRIVANDRUM
PETITIONER/S:
NEETHU B. @ NEETHU BABY MATHEW
AGED 30 YEARS
D/O. PARUKUTTY, T.C. 11/552,MUSEUM BAINS COMPOUND,
KOWDIAR P.O., KOWDAIR VILLAGE, THIRUVANANTHAPURAM
NOW RESIDING AT MELEPURATH HOUSE, KARTHIKA
ONGALLUR-1, PALAKKAD MARUTHUR 679 306.
BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR
RESPONDENT/S:
RAJESH KUMAR
AGED 40 YEARS
S/O. SOMASEKHARAN NAIR, MAKARAJYOTHIS, NEAR KOVIL
VILA TEMPLE, ALAMCODE P.O. MELATTINGAL VILLAGE,
THIRUVANANTHAPURAM 695 102.
R1 BY ADV. SRI.G.RADHAKRISHNAN
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
14.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Sathish Ninan, J.
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Tr.P.(C) No.778 of 2019
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Dated this the 14th day of January, 2020
ORDER
Petitioner - divorced wife of the respondent seeks for transfer of O.P(G&W) No.2353 of 2019 pending on the files of the Family Court, Thiruvananthapuram to the Family Court, Ottappalam.
2. The respondent opposes the application.
3. The minor child born in the wedlock is presently with the petitioner. The marriage between the petitioner and respondent was divorced. Thereafter the petitioner remarried and presently has a child aged 1 ½ years. The petitioner is stated to be residing presently at Palakkad. In the circumstances, I am of the opinion that transfer as sought for can be granted.
4. The apprehension expressed by the learned counsel for the respondent is that the petitioner may take the child out of India. It is brought to my Tr.P(C).No.778 OF 2019 -2- notice that there is an interim order restraining the petitioner from taking the child out of the country. By virtue of transfer of Original Petition, the said order will not be affected in any manner.
5. In the result, the transfer petition is allowed. O.P(G&W) No.2353 of 2019 pending on the files of Family Court, Thiruvananthapuram will stand withdrawn and transferred to the Family Court, Ottappalam.
Parties are directed to appear before the Family Court Ottappalam on 30.01.2020.
Sd/- Sathish Ninan, Judge vdv Tr.P(C).No.778 OF 2019 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE TRUE COPY OF THE O.P. (HMA) NO.
1263/2014 BEFORE THE FAMILY COURT ATTINGAL THIRUVANANTHAPURAM.
ANNEXURE A2 THE TRUE COPY OF THE DECREE OF DIVORCE DATED 26.6.2015 IN O.P. (HMA) NO. 1263 OF 2014.
ANNEXURE A3 THE TRUE COPY OF THE MARRIAGE CERTIFICATE OF THE PETITIONER AND HANDEL THOMAS.
ANNEXURE A4 THE COPY OF CONTRACT OF EMPLOYMENT AS SENIOR MANAGER OF THE HUSBAND OF THE PETITIONER AT ERNST AND YOUNG MALAYSIA.
ANNEXURE A5 THE SCREEN SHORT OF THE WHATS APP COMMUNICATION BETWEEN THE PETITIONER AND THE RESPONDENT.
ANNEXURE A6 THE CERTIFICATE ISSUED FROM THE MAHARSHI VIDYALAYA SCHOOL.
ANNEXURE A7 THE TRUE COPY OF THE AADHAR CARD ISSUED IN FAVOUR OF THE PETITIONER MOTHER.
ANNEXURE A8 THE TRUE COPY OF THE AADHAR ISSUED IN FAVOR OF THE MINOR.
ANNEXURE A9 CERTIFICATE ISSUED BY THE VILLAGE, OFFICE FOR CHANGE OF NAME OF THE MINOR.
ANNEXURE A10 THE TRUE COPY OF THE PETITION IN OP ( G & W) NO. 2353/2019.
ANNEXURE A11 THE TRUE COPY OF THE ORDER DATED 14.10.2019 IN IA NO. 3200/2019 IN OP (G &W) NO. 2353/2019.
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