✦ High Court of India · 12 Feb 2025

The High Court · 2025

Case Details High Court of India · 12 Feb 2025
Court
High Court of India
Decided
12 Feb 2025
Bench
BASANT BALAJI
Length
1,373 words

Cited in this judgment

THE HONOURABLE MR.JUSTICE BASANT BALAJI WEDNESDAY, THE 12TH DAY OF FEBRUARY 2025 / 23RD MAGHA, 1946 TR.P(C) NO. 721 OF 2023 AGAINST THE ORDER/JUDGMENT DATED IN OP NO.389 OF 2023 OF FAMILY COURT, THIRUVALLA PETITIONER: JINCY GEORGE AGED 30 YEARS D/O GEORGE, KOTTAMURICKAL HOUSE, KUMARAMANGALAM KARA, KUMARAMANGALAM VILLAGE, THODUPUZHA TALUK, IDUKKI DIST., PIN - 685582 BY ADV M.V.RAJENDRAN NAIR RESPONDENT: ARUN JOY AGED 35 YEARS S/O JOY, 3 A COTTAGE, PALIAKKARA KARA, THIRUVALLA VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DIST., PIN - 689101 BY ADV DEEPAK TWINKLE SANAL THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.02.2025, ALONG WITH Tr.P(C).675/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: [Tr.P(C) Nos.675/2023, 721/2023, 746/2023] 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI WEDNESDAY, THE 12TH DAY OF FEBRUARY 2025 / 23RD MAGHA, 1946 TR.P(C) NO. 746 OF 2023 AGAINST THE ORDER/JUDGMENT DATED IN OPDIV NO.244 OF 2023 OF FAMILY COURT, THODUPUZHA PETITIONER: ARUN JOY AGED 35 YEARS S/O JOY, 3A COTTAGE, PALIYEKKARA, THIRUVALLA. P.O PATHANAMTHITTA., PIN - 689101 BY ADV DEEPAK TWINKLE SANAL RESPONDENT/S: JINCY GEORGE AGED 30 YEARS D/O GEORGE, KOTTAMURICKAL, KUMARAMANGALAM P.O, THODUPUZHA , IDUKKI DISTRICT., PIN - 637205 BY ADV M.V.RAJENDRAN NAIR THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.02.2025, ALONG WITH Tr.P(C).675/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: [Tr.P(C) Nos.675/2023, 721/2023, 746/2023] 4 ORDER [Tr.P(C) Nos.675/2023, 721/2023, 746/2023] Dated this the 12th day of February, 2025 Tr.P.(C ) Nos.675 of 2023 and 721 of 2023 are filed by the wife against the husband to transfer the cases before the Family Court, Thiruvalla, to the Family Court, Thodupuzha. Tr.P. (C) No.746 of 2023 is filed by the respondent husband to transfer the case pending before the Family Court, Thodupuzha, to the Family Court, Thiruvalla. O.P. No.244 of 2023 is filed by the wife before the Family Court, Thodupuzha for divorce. O.P.No.390 of 2023 and O.P.No.389 of 2023 is filed by the respondent/husband for return of money and for restitution of conjugal rights respectively, both pending before the Family Court, Thiruvalla.

2. The case of the petitioner/ wife in Tr.P.(C) Nos.721 of 2023 and 675 of 2023 is that she is a permanent resident of Kumaramangalam in Thodupuzha Taluk. It is very difficult for her to attend the proceedings in the Family Court Thiruvalla. Therefore, she seeks to transfer the cases to the Family Court, Thodupuzha.

3. A counter affidavit is filed in Tr.P.(C) No.675 of 2023 by the respondent husband. It is averred in the counter affidavit [Tr.P(C) Nos.675/2023, 721/2023, 746/2023] 5 that the wife has filed M.C.No.203 of 2023 before the Chief Judicial Magistrate Court, Thodupuzha under Section 12 of the Domestic Violence Act. Thereafter, she approached the Family Court, Thodupuzha, and filed O.P.No.244 of 2023 for divorce. Since, two O.Ps are pending at the Family Court, Thiruvalla and only one O.P is pending at the Family Court, Thodupuzha, therefore, for the proper delivery of justice, it is more convenient and beneficial to transfer O.P No.244 of 2023 from the Family Court, Thodupuzha to the Family Court, Thiruvalla. So that all the O.Ps be tried by the same Court.

4. It is further contended by the husband that the Family Court, Thodupuzha, has no jurisdiction where the matter is in issue, as the marriage was solemnised in Thiruvalla, and they also live together in Thiruvalla. It is also stated that the respondent met with a traffic accident on 20.07.2023 and sustained serious injuries. He has sustained multiple fractures to his ribs, injuries on his head and eyes and is also suffering from vision loss. Annexure R1(A) and R1(B) are the referral letters and a medical certificate Annexue R1(c) is also produced. It would show that he had sustained injuries. The respondent is under medication and has not fully recovered, so, he is unable to travel [Tr.P(C) Nos.675/2023, 721/2023, 746/2023] 6 long distances. He has a mother aged 80 years with him. The Family Court Thiruvalla, is less than 1 km from his house, whereas the Family Court, Thodupuzha, is more than 80 Kms. He also apprehends that he will be manhandled by the relatives if he appears before the Family Court, Thodupuzha. Since, the doctor has advised not to take long journeys, therefore, he prays that the transfer be dismissed.

5. It is true that the respondent husband in Tr.P.(C) No.675 of 2023 has met with a road accident on 20.07.2023. The Annexue R1(c) medical certificate issued on 25.09.2023, only suggests that he has difficulty to drive at night. Since the petitioner wife is a permanent resident of Thodupuzha and the distance between the Family Court, Thodupuzha, and the residence of the respondent husband is less than 80 Km, I deem it appropriate to allow this transfer petition.

6. Taking note of the decision of the Apex Court in Sumitha Singh v. Kumar Sanjay and another [(2001)10 SCC 41], Mona Aresh Goel V.Aresh Satya Goel[(2000) 9 SCC 255], Vaishali Shridhar Jagtap V.Sridahar Vishwanath Jagtap[AIR 2016 SC 3584] and Santhini V.Vijaya Venkatesh [2017 (4) KLT 415(SC)] it was held that, in matrimonial disputes, the prior consideration [Tr.P(C) Nos.675/2023, 721/2023, 746/2023] 7 is to the convenience of the wife and in such cases the transfer has been effected.

7. Therefore, O.P. Nos. 389 of 2023 and 390 of 2023 pending before the Family Court, Thiruvalla, is withdrawn and transferred to the Family Court, Thodupuzha, to be tried along with O.P.244 of 2023 pending therein. In the result, Tr.P.(C) Nos.675 of 2023 and 721 of 2023 are allowed and Tr.P.(c) No.746 of 2023 is dismissed. The Family Court, Thiruvalla, shall immediately transfer the records to the Family Court, Thodupuzha, and the parties are directed to appear before the Family Court, Thodupuzha on 24.04.2025. Sd/- BASANT BALAJI JUDGE [Tr.P(C) Nos.675/2023, 721/2023, 746/2023] 8 APPENDIX OF TR.P(C) 721/2023 PETITIONER ANNEXURES Annexure-A1 TRUE COPY OF THE NOTICE/FORM NO. 8 IN O.P. 389/2023 DATED 22.07.2023 OF FAMILY COURT, THIRUVALLA. [Tr.P(C) Nos.675/2023, 721/2023, 746/2023] 9 APPENDIX OF TR.P(C) 746/2023 PETITIONER ANNEXURES Annexure 1 THE TRUE COPY OF NOTICE IN OP(DIVORCE)244/2023 ISSUED BY THE FAMILY COURT THODUPUZHA Annexure 2 THE TRUE COPY OF OP 389/2023 BEFORE THE FAMILY COURT, THIRUVALLA, PATHANAMTHITTA Annexure 2 (a) THE TRUE COPY OF OP 390/2023 BEFORE THE FAMILY COURT, THIRUVALLA, PATHANAMTHITTA Annexure 3 Annexure 4 Annexure 5 THE TRUE COPY OF GENERAL DIARY OF MOOVATTUPUZHA POLICE STATION, DATED 05/08/2023 THE ORIGINAL DOCUMENT OF DOCTOR’S REFERRAL ORDER FROM THIRUVALLA MEDICAL MISSION HOSPITAL DATED 25/09/2023 TRUE COPY OF MEDICAL CERTIFICATE, ISSUED FROM EYE MICRO SURGERY AND LASER CENTRE, AN ISO CERTIFIED EYE HOSPITAL, THIRUVALLA, DATED 25/09/2023 [Tr.P(C) Nos.675/2023, 721/2023, 746/2023] 10 APPENDIX OF TR.P(C) 675/2023 PETITIONER ANNEXURES Annexure -A1 TRUE COPY OF THE NOTICE OF THE FIRST PETITIONER Annexure-A2 TRUE COPY OF THE NOTICE OF THE SECOND PETITIONER RESPONDENT ANNEXURES annexure R1(C) true copy of the medical certificate, issued from Eye Micro Surgery and Laser Centre, an ISO certified Eye Hospital, Thiruvalla dated 25/09/2023 annexure R1(A) The true copy of the General Diary of the accident recorded by the Moovattupuzha Police Station, dated 05/08/2023 Annexure R1(B) The true copy of the doctor’s referral letter from Thiruvalla Medical Mission Hospital dated 25/09/2023 //True copy// PA to Judge

THE HONOURABLE MR.JUSTICE BASANT BALAJI WEDNESDAY, THE 12TH DAY OF FEBRUARY 2025 / 23RD MAGHA, 1946 TR.P(C) NO. 721 OF 2023 AGAINST THE ORDER/JUDGMENT DATED IN OP NO.389 OF 2023 OF FAMILY COURT, THIRUVALLA PETITIONER: JINCY GEORGE AGED 30 YEARS D/O GEORGE, KOTTAMURICKAL HOUSE, KUMARAMANGALAM KARA, KUMARAMANGALAM VILLAGE, THODUPUZHA TALUK, IDUKKI DIST., PIN - 685582 BY ADV M.V.RAJENDRAN NAIR RESPONDENT: ARUN JOY AGED 35 YEARS S/O JOY, 3 A COTTAGE, PALIAKKARA KARA, THIRUVALLA VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DIST., PIN - 689101 BY ADV DEEPAK TWINKLE SANAL THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.02.2025, ALONG WITH Tr.P(C).675/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: [Tr.P(C) Nos.675/2023, 721/2023, 746/2023] 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI WEDNESDAY, THE 12TH DAY OF FEBRUARY 2025 / 23RD MAGHA, 1946 TR.P(C) NO. 746 OF 2023 AGAINST THE ORDER/JUDGMENT DATED IN OPDIV NO.244 OF 2023 OF FAMILY COURT, THODUPUZHA PETITIONER: ARUN JOY AGED 35 YEARS S/O JOY, 3A COTTAGE, PALIYEKKARA, THIRUVALLA. P.O PATHANAMTHITTA., PIN - 689101 BY ADV DEEPAK TWINKLE SANAL RESPONDENT/S: JINCY GEORGE AGED 30 YEARS D/O GEORGE, KOTTAMURICKAL, KUMARAMANGALAM P.O, THODUPUZHA , IDUKKI DISTRICT., PIN - 637205 BY ADV M.V.RAJENDRAN NAIR THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.02.2025, ALONG WITH Tr.P(C).675/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: [Tr.P(C) Nos.675/2023, 721/2023, 746/2023] 4 ORDER [Tr.P(C) Nos.675/2023, 721/2023, 746/2023] Dated this the 12th day of February, 2025 Tr.P.(C ) Nos.675 of 2023 and 721 of 2023 are filed by the wife against the husband to transfer the cases before the Family Court, Thiruvalla, to the Family Court, Thodupuzha. Tr.P. (C) No.746 of 2023 is filed by the respondent husband to transfer the case pending before the Family Court, Thodupuzha, to the Family Court, Thiruvalla. O.P. No.244 of 2023 is filed by the wife before the Family Court, Thodupuzha for divorce. O.P.No.390 of 2023 and O.P.No.389 of 2023 is filed by the respondent/husband for return of money and for restitution of conjugal rights respectively, both pending before the Family Court, Thiruvalla.

2. The case of the petitioner/ wife in Tr.P.(C) Nos.721 of 2023 and 675 of 2023 is that she is a permanent resident of Kumaramangalam in Thodupuzha Taluk. It is very difficult for her to attend the proceedings in the Family Court Thiruvalla. Therefore, she seeks to transfer the cases to the Family Court, Thodupuzha.

3. A counter affidavit is filed in Tr.P.(C) No.675 of 2023 by the respondent husband. It is averred in the counter affidavit [Tr.P(C) Nos.675/2023, 721/2023, 746/2023] 5 that the wife has filed M.C.No.203 of 2023 before the Chief Judicial Magistrate Court, Thodupuzha under Section 12 of the Domestic Violence Act. Thereafter, she approached the Family Court, Thodupuzha, and filed O.P.No.244 of 2023 for divorce. Since, two O.Ps are pending at the Family Court, Thiruvalla and only one O.P is pending at the Family Court, Thodupuzha, therefore, for the proper delivery of justice, it is more convenient and beneficial to transfer O.P No.244 of 2023 from the Family Court, Thodupuzha to the Family Court, Thiruvalla. So that all the O.Ps be tried by the same Court.

4. It is further contended by the husband that the Family Court, Thodupuzha, has no jurisdiction where the matter is in issue, as the marriage was solemnised in Thiruvalla, and they also live together in Thiruvalla. It is also stated that the respondent met with a traffic accident on 20.07.2023 and sustained serious injuries. He has sustained multiple fractures to his ribs, injuries on his head and eyes and is also suffering from vision loss. Annexure R1(A) and R1(B) are the referral letters and a medical certificate Annexue R1(c) is also produced. It would show that he had sustained injuries. The respondent is under medication and has not fully recovered, so, he is unable to travel [Tr.P(C) Nos.675/2023, 721/2023, 746/2023] 6 long distances. He has a mother aged 80 years with him. The Family Court Thiruvalla, is less than 1 km from his house, whereas the Family Court, Thodupuzha, is more than 80 Kms. He also apprehends that he will be manhandled by the relatives if he appears before the Family Court, Thodupuzha. Since, the doctor has advised not to take long journeys, therefore, he prays that the transfer be dismissed.

5. It is true that the respondent husband in Tr.P.(C) No.675 of 2023 has met with a road accident on 20.07.2023. The Annexue R1(c) medical certificate issued on 25.09.2023, only suggests that he has difficulty to drive at night. Since the petitioner wife is a permanent resident of Thodupuzha and the distance between the Family Court, Thodupuzha, and the residence of the respondent husband is less than 80 Km, I deem it appropriate to allow this transfer petition.

6. Taking note of the decision of the Apex Court in Sumitha Singh v. Kumar Sanjay and another [(2001)10 SCC 41], Mona Aresh Goel V.Aresh Satya Goel[(2000) 9 SCC 255], Vaishali Shridhar Jagtap V.Sridahar Vishwanath Jagtap[AIR 2016 SC 3584] and Santhini V.Vijaya Venkatesh [2017 (4) KLT 415(SC)] it was held that, in matrimonial disputes, the prior consideration [Tr.P(C) Nos.675/2023, 721/2023, 746/2023] 7 is to the convenience of the wife and in such cases the transfer has been effected.

7. Therefore, O.P. Nos. 389 of 2023 and 390 of 2023 pending before the Family Court, Thiruvalla, is withdrawn and transferred to the Family Court, Thodupuzha, to be tried along with O.P.244 of 2023 pending therein. In the result, Tr.P.(C) Nos.675 of 2023 and 721 of 2023 are allowed and Tr.P.(c) No.746 of 2023 is dismissed. The Family Court, Thiruvalla, shall immediately transfer the records to the Family Court, Thodupuzha, and the parties are directed to appear before the Family Court, Thodupuzha on 24.04.2025. Sd/- BASANT BALAJI JUDGE [Tr.P(C) Nos.675/2023, 721/2023, 746/2023] 8 APPENDIX OF TR.P(C) 721/2023 PETITIONER ANNEXURES Annexure-A1 TRUE COPY OF THE NOTICE/FORM NO. 8 IN O.P. 389/2023 DATED 22.07.2023 OF FAMILY COURT, THIRUVALLA. [Tr.P(C) Nos.675/2023, 721/2023, 746/2023] 9 APPENDIX OF TR.P(C) 746/2023 PETITIONER ANNEXURES Annexure 1 THE TRUE COPY OF NOTICE IN OP(DIVORCE)244/2023 ISSUED BY THE FAMILY COURT THODUPUZHA Annexure 2 THE TRUE COPY OF OP 389/2023 BEFORE THE FAMILY COURT, THIRUVALLA, PATHANAMTHITTA Annexure 2 (a) THE TRUE COPY OF OP 390/2023 BEFORE THE FAMILY COURT, THIRUVALLA, PATHANAMTHITTA Annexure 3 Annexure 4 Annexure 5 THE TRUE COPY OF GENERAL DIARY OF MOOVATTUPUZHA POLICE STATION, DATED 05/08/2023 THE ORIGINAL DOCUMENT OF DOCTOR’S REFERRAL ORDER FROM THIRUVALLA MEDICAL MISSION HOSPITAL DATED 25/09/2023 TRUE COPY OF MEDICAL CERTIFICATE, ISSUED FROM EYE MICRO SURGERY AND LASER CENTRE, AN ISO CERTIFIED EYE HOSPITAL, THIRUVALLA, DATED 25/09/2023 [Tr.P(C) Nos.675/2023, 721/2023, 746/2023] 10 APPENDIX OF TR.P(C) 675/2023 PETITIONER ANNEXURES Annexure -A1 TRUE COPY OF THE NOTICE OF THE FIRST PETITIONER Annexure-A2 TRUE COPY OF THE NOTICE OF THE SECOND PETITIONER RESPONDENT ANNEXURES annexure R1(C) true copy of the medical certificate, issued from Eye Micro Surgery and Laser Centre, an ISO certified Eye Hospital, Thiruvalla dated 25/09/2023 annexure R1(A) The true copy of the General Diary of the accident recorded by the Moovattupuzha Police Station, dated 05/08/2023 Annexure R1(B) The true copy of the doctor’s referral letter from Thiruvalla Medical Mission Hospital dated 25/09/2023 //True copy// PA to Judge

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