SUCHITRA MADHUSOODHANAN Vs. NAVEEN R NAIR

JUDGEMENT

(1.) O.P(G &W) No.193/2012 on the file of the Family Court, Thiruvananthapuram has been filed by the wife for permanent custody of her minor daughter - Amudha Naveen -now aged 4 = years . The wife is employed as a non technical senior executive in U.S.T Global Technopark, Thiruvananthapuram and her husband is working as the Bureau Chief in CNN IBN, Thiruvananthapuram. It is stated that the wife is under orders of transfer to Ernakulam and that her job enables her to lend her services from home compelling her to attend office only in connection with important meetings. It is further stated that the petition for permanent custody was filed at Thiruvananthapuram when she was occupying a rented house at Sasthamangalam at Thiruvananthapuram which has subsequently been vacated in September 2012. The wife seeks transfer of the case from the Family Court, Thiruvananthapuram to the Family Court, Pathanamthitta even though the prayer in the petition for transfer mentions Alappuzha which is a neighbouring district of Pathanamthitta.

(2.) The husband contends that the wife had preferred the petition for permanent custody of the child at Thiruvananthapuram on her own volition and that she should not be permitted to get a transfer of the case to another place dependant on her employment. It is further stated that her base working station is at Thiruvananthapuram only even though she may be occupying rented premises at Ernakulam or elsewhere. The husband points out that the child, Amudha Naveen has been left with the mother of the wife at Malakkara , Pathanamthitta and that no case for transfer is made out. The husband contends that he got a transfer from New Delhi to Thiruvanthapuram only for the purpose of spending more time with the child Amudha Naveen and his wife (now estranged).

(3.) It may at once be noticed that the child may have to appear in the Family Court often in connection with interim custody and also in the enquiry about her wishes by the Presiding Officer. The following documents would reveal that the child is presently studying in the Vani Public School, Chengannur at Pathanamthitta