BINY KURIAKOSE Vs. JOSEPH SEBASTIANAGED

JUDGEMENT

(1.) As these transfer petitions are between the husband and wife in connection with the disputes arising out of their marriage, they have been disposed of by this common order.

(2.) Tr.P(C) No.305/2019 is filed by the husband against the wife, to transfer O.P.No.304/2019 filed by the wife, from the Family Court, Thalasseri to the Family Court, Ottappalam; Tr.P(C) No.468/2021 is filed by the wife against the husband to transfer O.P. (G&W) No.357/2019, filed by the husband, from the Family Court, Ottappalam to the Family Court, Thalasseri and Tr.(PC) No.431/2022 is filed by the husband to transfer O.P.No.508/2022 filed by the wife from the Family Court, Thalassery to the Family Court, Ottappalam. The parties and the pleadings are, for the sake of convenience, referred to as in Tr.P(C) No.431/2022, which is treated as the leading case and is the recent case.

(3.) The case of the petitioner-husband in brief in Tr.P(C) No.431/2022 is that the respondent is his wife. They were married on 16/4/2012. They have a daughter named Evangelin Joseph, who is now 9 years of age. The respondent has filed O.P.No.508/2022 against the petitioner, before the Family court, Thalassery, for a decree of divorce. The petitioner has filed O.P.No.357/2019 against the respondent, before the Family Court, Ottappalam, for an order for the permanent custody of their daughter. The respondent has filed O.P.No.304/2017 against the petitioner, before the Family Court, Thalassery, for an order for the permanent custody of the child. Then, the petitioner filed Tr.P(C) No.305/2019, to transfer O.P.No.304/2019 from the Family Court, Thalassery to the Family Court, Ottappalam. Later, the respondent filed Tr.P(C) No.468/2021 to transfer O.P.No.357/2019 from the Family Court, Ottappalam to the Family Court, Thalassery. During the pendency of the above transfer petitions, the Family Court, Thalassery, passed an interim order directing the interim custody of the child to be given to the respondent. The petitioner challenged the said order before this Court in OP(FC) No.404/2019. The parties were referred to mediation and they entered into Annexure B agreement, whereby the interim custody of the child was given to the petitioner. The respondent is employed abroad. She visits India only on her annual leave. The parties have agreed that custody of the child be given to the respondent during the child's school holidays. After entering into Annexure B agreement, the respondent went abroad. She left India in 2019 and returned only after three years. It is learnt that the respondent would return to New Zealand in August 2022. She is prosecuting all the proceedings through her power of attorney holder. Therefore, no inconvenience would be caused to the respondent, if O.P.Nos.304/2019 and 508/2022 are transferred from the Family Court, Thalassery to the Family Court, Ottappalam. Hence Tr.P(C) Nos.305/2019 and 431/2022 may be allowed.