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IN THE HIGH COURT OF KERALA AT ERNAKULAM
,
SANGEETHA KUMARI. S – Appellant
Versus
PARTHAN K. S. R. – Respondent
| Table of Content |
|---|
| 1. jurisdiction in custody cases based on child's residence. (Para 1 , 2 , 3) |
| 2. court's observations on jurisdiction and custody application. (Para 4) |
| 3. petition allowed for case transfer. (Para 5) |
ORDER
(Dated this the 16th day of July, 2025)
This petition is filed by the petitioner for transferring of OP(G&W) No.23/22 pending on the file of Family Court, Kottarakara to Family Court, Punalur.
2. The learned counsel for the petitioner submits that as per Section 9 (1) of the Guardian & Wards Act, 1890, the OP (G & W) shall be filed before the Court where the child ordinarily resides. Whereas, the petitioner is residing in parents house at Punalur jurisdiction, Kollam District. However, the respondent filed the petition at Family Court, Kottarakara. Therefore, the petitioner prays to transfer the same to Family Court, Punalur.
3. Per contra, the learned counsel for the respondent objected the petition, mainly on the ground that the petitioner suppressed about the pendency of Maintenence petition, filed by her, which is pending in the same court and joint trial is fixed. The learned counsel for the petitioner also submits that the respondent came from abroad, he filed appl
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