IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 Tr.P(C).No.289 of 2008 ---------------------------- GOP.915/2007 of FAMILY COURT,ERNAKULAM .................... PETITIONERS ----------------- 1. T.P.RADHAMANI, W/O.M.K.SIVADASAN, AGED 39 YEARS, MANNUMOLEL HOUSE, NELLAD, MAZHUVANNOOR VILLAGE, MUVATTUPUZHA. 2. M.K.SIVADASAN, S/O.M.K.KUMARAN NAIR, AGED 42 YEARS, MANNUMOLEL HOUSE, NELLAD, MAZHUVANNOOR VILLAGE, MUVATTUPUZHA. BY ADV. SRI.ALEXANDER JOSEPH RESPONDENTS: ------------------ 1. SAJINI, W/O.VINOD, AGED ABOUT 27 YEARS, MADAPPATTU (CHARANAL) HOUSE, MANARIKARA, MULAVOOR VILLAGE, MUVATTUPUZHA. 2. BALAKRISHNAN NAIR, S/O.NOT KNOWN, AGED 65 YEARS, ARIYAPPILLIL HOUSE, KEEZHILLAM KARA, RAYAMANGALAM VILLAGE, KUNNATHUNAD TALUK, ERNAKULAM DISTRICT. 3. LEELAKUTTY, W/O.BALAKRISHNAN NAIR, AGED 60 YEARS, ARIYAPPILLIL HOUSE, KEEZHILLAM KARA, RAYAMANGALAM VILLAGE, KUNNATHUNAD TALUK, ERNAKULAM DISTRICT. ADV. SRI.P.FAZIL FOR R2 SMT.ANALAKHUSI BHASKAR FOR R2 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ Tr. P. C No.289 of 2008 ------------------------------------------------ Dated this the 12th day of December, 2008 ORDER The prayer in this transfer petition filed by the petitioners who are husband and wife is to transfer O.P.(G&W).915/07 from the Family Court, Ernakulam to the First Additional District Court, Ernakulam where O.P.(G&W).652/07 is pending. 2. It is submitted that both the petitions were filed by the petitioners. O.P. (G&W).915/07 is filed before the Family Court for custody of the minor child appointing them as the guardian of the person of female child Amiya Unnikrishnan aged two years who is child born to the deceased brother of the first petitioner and the deceased daughter of respondents 2 and 3 and O.P. (G&W).652/07 on the file of the First Additional District Court is for appointing the petitioners as Tr. P. C No.289 of 2008 -2- guardian of the properties of the said minor. 3. Counsel for the petitioners submits that it is enough if O.P.(G&W).915/07 pending before the Family Court, Ernakulam is transferred to the District Court, Ernakulam or vice versa by transferring O.P(G&W).652/07 to the Family Court, Ernakulam. Neither of the reliefs can be granted as prayed for by virtue of provisions of Sections 7 and 8 of the Family Courts Act. By reason of explanation (g) to Section 7 (1) of the Family Courts Act, it is the Family Court which is to deal with proceedings in relation to guardianship of the person or the custody of the person of any minor and under Section 8 of the Act when jurisdiction is vested with the Family Court the District Court shall have no jurisdiction to entertain any such proceeding. On the other hand, Family Court is not vested with jurisdiction to deal with any suit or other Tr. P. C No.289 of 2008 -3- proceeding in relation to the guardianship of the properties of any minor and that jurisdiction vested in the District Court as per provisions of the Guardian and Wards Act remains unchanged as unaffected by the provisions of the Family Courts Act. Consequently, therefore, the prayers advanced in this Transfer Petition deserve to be rejected and the petition dismissed. 4. This Transfer Petition is hence, dismissed. K.P.BALACHANDRAN, JUDGE kns/-