SEBI DAVID Vs. TELMA

JUDGEMENT

(1.) 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.(G&W)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 consumed poison and committed suicide. Crime No.118/2019 was registered against the first respondent and his family members for offences under sections 498A and 306 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. (G&W)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.(G&W) No.466/2019 is pending before the Family Court, Kollam.