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VIJU ABRAHAM
Babumon, S/o Sri. Poulose – Appellant
Versus
D/o. Sri Thankappan – Respondent
ORDER :
(Viju Abraham, J.) :
The above Transfer Petition is filed seeking transfer of OP(G&W) No.1706/2023 on the file of the Family Court, Paravur to the Family Court, Thodupuzha.
2. The petitioner is the respondent in OP (G&W)No.1706 of 2023 on the file of the Family Court, Paravur. The marriage of the parties was solemnized on 6.11.2003 and in the said wedlock 2 sons and one daughter were born to them. It is averred that the early days of the marriage were peaceful, later on, the respondent began exhibiting signs of mental abnormalities and she continuously showed an arrogant attitude even towards the children and never expressed any love or affection towards them. Later she left home without informing the children. Thereafter, the respondent had filed a petition as OP(C) No.2471/2021 before the Family Court, Ernakulam praying for a declaration that she is the permanent guardian of the minor children. The above Original Petition filed as OP (C) No.2471/2021 was transferred to the newly formed Family Court at North Paravur and got renumbered as OP (G&W)No.1706/2023 and the matter is now pending consideration.
3. Petitioner contends that he along with his minor children are residing a
The jurisdiction for guardianship applications is based on the minor's ordinary residence, prioritizing their convenience in court proceedings.
Ordinary residence of minor children shifts to new place when children have resided and attended school there since filing; transfer to that jurisdiction was held justifiable.
The convenience of the parties involved and the interpretation of jurisdiction conferred by the special statute are crucial in deciding the transfer of a case from one Family Court to another.
Jurisdiction for guardianship applications is determined by the minor's ordinary residence, requiring careful evidence assessment.
Transfer of custody case granted for convenience under Guardians and Wards Act.
Jurisdiction for guardianship applications is determined by the minor's ordinary residence prior to any recent removal, not the residence at the time of application.
The convenience of the wife and the welfare of the minor child should be given priority in considering a transfer petition, especially when other related proceedings are pending in the same place.
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