V.K. GOPINATH Vs. RAJESH PURUSHOTHAMAN

JUDGEMENT

(1.) Petitioners are the maternal grandparents of a minor girl child, Gangalekshmi, who is aged hardly 6 years, being born on 23.3.2005. They questioned territorial jurisdiction of the Family Court, Mavelikkara to entertain O.P(G&W) 1203/2016 filed by the respondents herein, contending that the ordinary residence of the minor child, according to them, is at Edakkulam in Ranni Village, which is within the territorial jurisdiction of the Family Court, Pathanamthitta. The objection raised in the form of I.A. 1695/2017 did not find favour with the learned Judge Family Court, Mavelikkara and accordingly through the impugned order dated 3.5.2018, the said I.A was dismissed. The said order is challenged by the aggrieved original respondents before the court below in this original petition filed under Article 227 of the Constitution of India.

(2.) The O.P. (G&W) 1203/2016 was filed by the father and grandmother of the minor Gangalakshmi, who are the respondents in this original petition. The 1st respondent, father of the minor, married her mother, Ashley who is now no more. Contention of the respondents herein is that, after Ashley's death, the child continued to reside with the 2nd respondent, grandmother, in her house at Mannar, within the territorial jurisdiction of the Family Court, Mavelikkara. The 1st respondent is admittedly employed in U.A.E. It is alleged that while the child was staying with the 2nd respondent, she was removed to the custody of petitioners on 15.5.2016 by force and consequently she now continues in the custody of the petitioners.

(3.) On the other hand, contention of the petitioners is that ever since the death of Ashley, their granddaughter, the minor child, continued to stay with them in a place named Edakkulam within the district of Pathanamthitta. She has been admitted in an English Medium School at Vadasserikkara in Ranni and thus she is an ordinary resident within the territorial limits of Family Court, Pathanamthitta.