Indian Kanoon - Search engine for Indian Law

As these transfer petitions are filed by the wife and children against the husband /father, they are being disposed of by this common order.

2. The petitioner - wife - has filed Tr.P(C) No.279/2021 and the petitioners - wife and children - have filed Tr.P.(Crl.) No.33/2021 [under Sections 24 of the Code of Civil Procedure, 1908 (in short, 'CPC') and 407 of the Code of Criminal Procedure, 1973, (in short, 'Cr.P.C.'), respectively], seeking to transfer O.P. (GW)No.1768/2019 and M.C.No.495/2019, respectively, from the Family Court, Attingal, to the Family Court, Thiruvananthapuram. The parties are, for the sake of convenience, referred to as per their status in Tr.P(Crl.)No.33/2021.

3. The petitioners' case in brief, in Tr.P(Crl.)No.33/2021 is that; the first petitioner is the Tr.P.(C)No.279/2021& wife of the respondent. The petitioners 2 to 5 are the children born in the wedlock between the first petitioner and the respondent. Since the respondent has willfully refused to maintain the petitioners, they have filed M.C.No.495/2019 before the Family Court, Attingal. The first petitioner has also filed O.P. (GW)No.1768/2019 before the same court, seeking the custody of petitioners 2 to 4, who are in the illegal custody of the respondent. Now, the first petitioner is not in a mental frame of mind to live in her parental home at Chirayenkeezhu. She is living in Thiruvananthapuram along with her paternal aunt. She is undertoing treatment for depression, after her release from Judicial custody on account of false criminal case foisted against her by the respondent. The police are harassing her. The lawyers at Attingal have refused to defend her at the Family Court, Attingal. Presently, a NGO has volunteered to offer free legal aid to the first petitioner. The first petitioner Tr.P.(C)No.279/2021& does not have means to travel from Thiruvananthapuram to Attingal to prosecute M.C.No.495/2019 and O.P.(GW)No.1768/2019 before the Family Court, Attingal. Hence, she seeks for the transfer of the above two cases to the Family Court, Thiruvananthapuram, which would be convenient for her and the children. Hence, the transfer petitions.

(i) Tr.P.(Crl.)No.33/2021 is allowed, by ordering the transfer of M.C.No.495/2019 from the Family Court, Attingal to the Family Court, Thiruvananthapuram.

       (ii)    Tr.P.(Crl.)No.279/2021              is      allowed,       by

               ordering           the        transfer         of         O.P.

(GW)No.1768/2019 from the Family Court, Attingal279 to the Family Court, Thiruvananthapuram.

NO.1768/2019 PENDING BEFORE THE FAMILY COURT, ATTINGAL.

Tr.P.(C)No.279/2021& APPENDIX OF TR.P(CRL.) 33/2021 PETITIONER ANNEXURES ANNEXURE A 1 TRUE COPY OF THE PETITION MC NO.495 OF 2019 PENDING BEFORE THE FAMILY COURT ATTINGAL DATED 23.11.2019.