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Sebi David vs Telma on 4 July, 2019

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.(GW)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 Sectionsections 498A and Section306 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.

(GW)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.(GW) 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.(GW)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.

(GW)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.

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