SHAKKLEL RIAS Vs. SHAHANA UMMER

JUDGEMENT

(1.) The question that arises for decision in this case is whether this Court can exercise powers under S.24 of C.P.C. to transfer proceedings pending in different Family Courts where question of guardianship is involved.

(2.) Naeemsaj, the minor involved in this case was born to the 1st petitioner and 1st respondent herein. The marriage broke down subsequently and it appears that the 1st respondent is now the wife of the 2nd respondent. The paternal grand parents of the child filed O.P. 240 of 1998 in the Family Court, Thrissur seeking custody of the child as also the appointment as guardian. That was filed at a time when the father of the child, the 3rd respondent in that proceeding, was outside India. Subsequently, the respondents herein filed O.P. 459 of 1999 in the Family Court, Ernakulam seeking appointment of the present 1st respondent as the guardian. There was also a prayer to declare that the father is unfit to be the guardian of the child.

(3.) Learned counsel for the revision petitioners submits that to avoid conflicting decisions it is necessary that O.P. 459 of 1999 is transferred to the Family Court, Thrissur for a joint disposal along with OP. 240 of 1998. It is pointed out that the petitioners had moved the Family Court, Thrissur as early as on 29.4.1998, and that the other proceeding was filed only on 7.7.1999. Yet another contention of the petitioners is that O.P. 240 of 1998 is at the stage of evidence.