MAHESH S. Vs. JIJIMOL

JUDGEMENT

(1.) The appellant, who is the respondent in Tr.P.(C).No.211 of 2020, has filed this Transfer Appeal aggrieved by the order of this Court dated 18.11.2020, whereby O.P.(G & W) No.206 of 2020 on the file of Family Court, Kollam was ordered to be transferred to Family Court, Ernakulam. The said Transfer Petition is one filed by the respondent, who is the wife of the appellant.

(2.) Tr.P.(C).No.211 of 2020 was disposed of along with Tr.P. (C).No.311 of 2020 by a common order. Tr.P.(C).No.311 of 2020 was filed by the appellant seeking for transfer of O.P.No.705 of 2020 filed by the respondent/wife against the appellant under Section 12 of Protection of Women from Domestic Violence Act, 2005 (in short PWDV Act) from Family Court, Ernakulam to Family Court, Kollam. In O.P.No.705 of 2020 she has attributed various acts of domestic violence against the appellant and sought for protection order under Section 18 of the said Act. The respondent also had filed M.C.No.67 of 2020 under Section 125 of the Code of Criminal Procedure 1973 before the Family Court, Ernakulam, claiming maintenance. Further she had filed a complaint under Sections 190(1) and 200 of the Code of Criminal Procedure, 1973 alleging the commission of offence under Sections 323, 352, 309, 498A, 454A read with 34 of the Indian Penal Code against the appellant and others. The appellant on the other hand filed O.P. (G & W).No.206 of 2020 for custody of the child and also O.P.(HMA) No. 275 of 2020 before the Family Court, Kollam seeking for divorce. By the common order dated 18.11.2020, the learned Single Judge dismissed the Tr.P.(C)No. 331 of 2020 filed by the appellant. The dismissal of Tr.P.(C) No.331 of 2020 is not under challenge and that order has become final.

(3.) O.P.(G & W)No.206 of 2020 is filed by the appellant seeking to appoint him as the legal guardian and custodian of the minor child. According to the appellant, respondent and the minor child are permanent residents of Kollam. Respondent obtained the order of transfer of O.P.(G & W)No.206 of 2020 to Family Court, Ernakulam, misleading the court that she is residing with the child at Ernakulam. He placed reliance on Anindita Das v. Srijit Das , 2006 9 SCC 197 and would contend that leniency shown by the Court is being misused in filing the Transfer Petition without merits.