LAWS(KER)-2024-7-283

BABUMON Vs. SINI, D/O. SRI THANKAPPAN

Decided On July 30, 2024
Babumon Appellant
V/S
Sini, D/O. Sri Thankappan Respondents

JUDGEMENT

(1.) The above Transfer Petition is filed seeking transfer of OP(G&W) No.1706/2023 on the file of the Family Court, Paravur to the Family Court, Thodupuzha.

(2.) The petitioner is the respondent in OP (G&W)No.1706 of 2023 on the file of the Family Court, Paravur. The marriage of the parties was solemnized on 6/11/2003 and in the said wedlock 2 sons and one daughter were born to them. It is averred that the early days of the marriage were peaceful, later on, the respondent began exhibiting signs of mental abnormalities and she continuously showed an arrogant attitude even towards the children and never expressed any love or affection towards them. Later she left home without informing the children. Thereafter, the respondent had filed a petition as OP(C) No.2471/2021 before the Family Court, Ernakulam praying for a declaration that she is the permanent guardian of the minor children. The above Original Petition filed as OP (C) No.2471/2021 was transferred to the newly formed Family Court at North Paravur and got renumbered as OP (G&W)No.1706/2023 and the matter is now pending consideration.

(3.) Petitioner contends that he along with his minor children are residing at KSEB Quarters in Chithirapuram. The minor children are studying at the Govt. High School, Munnar in 9th and 7th standard respectively. Since the children are permanently residing at Chithirapuram in Idukki District, the Family Court, North Paravur has no jurisdiction to entertain the petition for their permanent custody and guardianship and if the original petition is transferred to Family Court Thodupuzha it will be very convenient for him and the children for making appearance in the court. It is in the said circumstance, the petitioner has sought for transfer of OP(G&W)No.1706/2023 from Family Court, Paravur to Family Court, Thodupuzha.