IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 Tr.P(C).No. 20 of 2008() ------------------------ OP.927/2007 of FAMILY COURT,ERNAKULAM .................... PETITIONER ---------------- DEEPA CHANDRAN, AVITTOM, CRA 134B, CHADIYARA, POOJAPPURA, THIRUVANANTHAPURAM. BY ADV. SRI.MOHAN IDICULLA ABRAHAM SRI.MARTIN D.ALUMKARA SMT.JIJI N.VARGHESE SMT.PUSHPY B.MURICKEN RESPONDENT: ------------- P.N.ASOKAN, PULIKKATHARA HOUSE, NEAR GOVERNMENT L.P.SCHOOL, PUTHUVYPU POST, ERNAKULAM DIST. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON IA 128/08 IN TR.P.C 20/08 DISMISSED 15.1.08 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- Tr.P.C. NO. 20 OF 2008 --------------------- Dated this the 15th day of January, 2008 ORDER This transfer petition is preferred to transfer OP 927/07 pending before the Family Court, Ernakulam, to the Family Court, Thiruvananthapuram. 2. The unfortunate victim of this matrimonial dispute is a poor child, who is studying in Standard III. The petition pending before the Family Court is with respect to the custody of the child. The mother, who is the petitioner before me, would submit that she had been employed in Thiruvananthapuram and the child is staying with her and attending the school at Thiruvananthapuram. If a guardian application is processed, the child may have to come every time to the court travelling a long distance when there may be directions from the court to produce the child and in such a situation there will be handicap for the child, which will spoil his education. The very custody question has to be decided on the question of the paramount welfare of the child. Ordinarily, the jurisdiction is for the court where the child ordinarily resides. So taking into consideration Tr.P.C. No.20/08 2 these broad principles and the hardship that will be caused to the child, I am inclined to allow this application. Therefore OP 927/07 pending before the Family Court, Ernakulam, is transferred to Family Court, Thiruvananthapuram. Since I am invoking the jurisdiction before appearance of the respondent, I direct the Family Court, Ernakulam, to intimate the order of transfer to the petitioner, before effecting transfer. M.N.KRISHNAN, JUDGE vps Tr.P.C. No.20/08 3