IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 29TH JUNE 2010 / 8TH ASHADHA 1932 Tr.P(C).No. 153 of 2010() ------------------------- OP (G&W) NO.329/2009 of FAMILY COURT,ERNAKULAM .................... PETITIONERS/ RESPONDENTS ------------------------------- 1. R. MADHU, ROHINI, PLOT-11, T.C 48/40, ASWATHI GARDENS, AMBALATHARA.P.O, THIRUVANANTHAPURAM. 2. P.V. VIJAYAKUMARI, ROHINI, PLOT-11, T.C 48/40, ASWATHI GARDENS, AMBALATHARA.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.R.ANILKUMAR SMT.A.ARSHA RESPONDENT(S): PETITIONER ------------------------- VIPIN, S/O. G.V. PILLAI, T.C 51/2839, ROHINI, NEAR INDUSTRIAL ESTATE, PAPPANAMCODE, TRIVANDRUM. ADV. SRI.S.MOHAMMED AL RAFI THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No.153 of 2010 -------------------------------------- Dated this the 29th day of June, 2010. ORDER This petition is filed by the maternal grandparents of a minor child aged about four years. The mother of the child (daughter of petitioners) and wife of respondent committed suicide on 27.11.2006 and in connection with that, police has registered a case as S.C.No.71 of 2008 for offence punishable under Section 498A and other offences under the Indian Penal Code. It is while so that respondent filed a petition under the Guardian and Wards Act in the Family Court to appoint him as guardian of the child and for its custody. That case was transferred to the Family Court, Ernakulam on the request of petitioners as per order on Tr.P.(C) No.210 of 2008 for the reason that at that time petitioners were working at Ernakulam and staying there. Now petitioners say that they have retired and gone back to their native place at Thiruvananthapuram and hence request that O.P.(G&W) No.329 of 2009 pending in the Family Court, Ernakulam may be transferred to the Family Court at Thiruvananthapuram. It is stated that on account of old age petitioners find it difficult to travel with the child from Thiruvananthapuram to Ernakulam. 2. I have heard counsel on both sides. Learned counsel for respondent states that the Family Court, Ernakulam has passed Annexure-D, order directing petitioners to produce the child in the premises of that court Tr.P.(C) No.153/2010 2 between 2 and 4 p.m. on the fourth Saturday of every month. It is pointed out by learned counsel that petitioners have filed O.P.No.1285 of 2009 in the Family Court, Ernakulam against the respondent and his parents for recovery of money and other reliefs. But, there is no request for transfer of that case to the Family Court, Thiruvananthapuram if at all grievance of the petitioners were true. Learned counsel for petitioners states that petitioners seek transfer of O.P.No.1285 of 2009 also to the Family Court, Thiruvananthapuram. 3. Having regard to the facts and circumstances of the case and also that petitioners are retired and aged and their difficulty in taking the child every month to Ernakulam from their place of residence at Thiruvananthapuram I am persuaded to allow the request. O.P.No.1285 of 2009 of Family Court, Ernakulam can also be transferred to the Family Court, Thiruvananthapuram. 4. When learned counsel for respondent expressed the apprehension that petitioners might change their residence hereafter and request for transfer of the case to some other court learned counsel for petitioners has stated that petitioners will not ask for any further transfer of the case from the Family Court, Thiruvananthapuram. That submission is recorded. Resultantly this petition is allowed in the following lines: i. O.P.(G&W) No.329 of 2009 and O.P.No.1285 of 2009 of the Family Court, Ernakulam are withdrawn from that court and transferred to Family Court, Thiruvananthapuram for trial and disposal. ii. Annexure-D, order passed by Family Court, Ernakulam (in O.P. (G&W) No.329 of 2009) will remain in force and Family Court, Tr.P.(C) No.153/2010 3 Thiruvananthapuram is directed to ensure compliance of that order. Venue for production of the child shall be the Family Court, Thiruvananthapuram. iii. Parties shall appear in the Family Court, Thiruvananthapuram on 24.07.2010. Petitioners shall also produce the child in that court that day pursuant to Annexure-D, order. iv. The transferor court shall transmit records of the said cases to the transferee court forthwith. I.A.No.1245 of 2010 will stand dismissed. THOMAS P.JOSEPH, Judge. cks