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[ 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 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.

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.368/2019 stands dismissed.

Sd/-

SUNIL THOMAS JUDGE dpk 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: