Dyna Merry Aniyan vs Vinu Varghese
2021 Latest Caselaw 8165 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

   WEDNESDAY, THE 10TH DAY OF MARCH 2021 / 19TH PHALGUNA, 1942

                        Tr.P(C).No.269 OF 2020

          AGAINST THE ORDER/JUDGMENT IN OP 757/2020 OF FAMILY
                            COURT,ERNAKULAM


PETITIONER:

               DYNA MERRY ANIYAN
               AGED 24 YEARS
               D/O SUJA ANIYAN,
               SANKEERTHANAM,
               CHOORAKODU MURI AND
               P.O.ERATHU VILLAGE,
               ADOOR TALUK,
               PATHANAMTHITTA DISTRICT-691 551

               BY ADVS.
               SRI.MANU RAMACHANDRAN
               SRI.M.KIRANLAL
               SRI.R.RAJESH (VARKALA)
               SRI.T.S.SARATH
               SHRI.SAMEER M NAIR

RESPONDENTS:

      1        VINU VARGHESE,
               AGED 27 YEARS

S/O PAPPALIL YACOB VARGHESE, PAPPALIL VEEDU, MANNAM KARA, KOTTUVALLY VILLAGE, PARAVOOR TALUK, ERNAKULAM DISTRICT-683 520.

      2        ANIYAN MON P.C.
               AGED 54 YEARS
               F/O DYNA MERRY VARGHESE,
               SANKEERTHANAM,
                CHOORAKODU MURI AND
               P.O.ERATHU VILLAGE,
               ADOOR TALUK,

PATHANAMTHITTA DISTRICT-691 551.

      3        SUJA ANIYAN,
               AGED 52 YEARS
               F/O ANIYAN MON P.C.

Tr.P.(C)Nos.269, 270, 325 & 327/2020

SANKEERTHANAM, CHOORAKODU MURI AND P.O.ERATHU VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT-691 551.

R1 BY ADV. SRI.P.I.GEORGEKUTTY R1 BY ADV. SRI.ARUN PAUL JACOB

THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.03.2021, ALONG WITH Tr.P(C).270/2020, Tr.P(C).325/2020, Tr.P(C).327/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Tr.P.(C)Nos.269, 270, 325 & 327/2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

WEDNESDAY, THE 10TH DAY OF MARCH 2021 / 19TH PHALGUNA, 1942

Tr.P(C).No.270 OF 2020

AGAINST THE ORDER/JUDGMENT IN OP 756/2020 OF FAMILY COURT,ERNAKULAM

PETITIONER:

DYNA MERRY ANIYAN AGED 24 YEARS D/O. SUJA ANIYAN, SANKEERTHANAM, CHOORAKODU MURI AND P.O., ERATHU VILLAGE, ADOOR TALUK, PATHANATHITTA DISTRICT-691 551.

BY ADVS.

SRI.MANU RAMACHANDRAN SRI.M.KIRANLAL SRI.R.RAJESH (VARKALA) SRI.T.S.SARATH SHRI.SAMEER M NAIR

RESPONDENT:

VINU VARGHESE, AGED 27 YEARS S/O. PAPPALIL YACOB VARGHESE, PAPPALIL VEEDU, MANNAM KARA, KOTTUVALLY VILLAGE, PARAVOOR TALUK, ERNAKULAM DISTRICT-683 520.

R1 BY ADV. SRI.P.I.GEORGEKUTTY R1 BY ADV. SRI.ARUN PAUL JACOB

THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.03.2021, ALONG WITH Tr.P(C).269/2020, Tr.P(C).325/2020, Tr.P(C).327/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Tr.P.(C)Nos.269, 270, 325 & 327/2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

WEDNESDAY, THE 10TH DAY OF MARCH 2021 / 19TH PHALGUNA, 1942

Tr.P(C).No.325 OF 2020

AGAINST THE ORDER/JUDGMENT IN OP 255/2020 OF FAMILY COURT, PATHANAMTHITTA

PETITIONER:

VINU VARGHESE, AGED 27 YEARS S/O. PAPPALIL YACOB VARGHESE, PAPPALIL HOUSE, MANNAM KARA, KOTTUVALLY VILLAGE, PARAVUR TALUK, ERNAKULAM, PIN CODE - 683520.

BY ADVS.

SRI.P.I.GEORGEKUTTY SRI.ARUN PAUL JACOB

RESPONDENT:

DYNA MARY ANIYAN, AGED 24 YEARS D/O. SUJA ANIYAN, SANKEERTHANAM, CHOORAKODU PO , ERATHU VILLAGE, ADOOR TALUK, PATHANAMTHITTA, PIN CODE - 691551.

R1 BY ADV. SRI.MANU RAMACHANDRAN R1 BY ADV. SRI.M.KIRANLAL R1 BY ADV. SRI.T.S.SARATH R1 BY ADV. SRI.R.RAJESH (VARKALA) R1 BY ADV. SHRI.SAMEER M NAIR

THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.03.2021, ALONG WITH Tr.P(C).269/2020, Tr.P(C).270/2020, Tr.P(C).327/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Tr.P.(C)Nos.269, 270, 325 & 327/2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

WEDNESDAY, THE 10TH DAY OF MARCH 2021 / 19TH PHALGUNA, 1942

Tr.P(C).No.327 OF 2020

AGAINST THE ORDER/JUDGMENT IN OP 254/2020 OF FAMILY COURT, PATHANAMTHITTA

PETITIONERS:

1 VINU VARGHESE AGED 27 YEARS, S/O. PAPPALIL YOCOB VARGHESE, PAPPALI HOUSE, MANNAM KARA, KOTTUVALLY VILLAGE, PARAVUR TALUK, ERNAKULAM, PIN CODE-683520

2 P.Y. VARGHESE, AGED 55 YEARS, S/O. YACOB, PAPPALIL HOUSE, MANNAM KARA, KOTTUVALLY VILLAGE, PARAVUR TALUK, ERNAKULAM, PIN CODE-683 520

3 MARY VARGHESE, AGED 52 YEARS W/O. VARGHESE, PAPPALIL HOUSE, MANNAM KARA, KOTTUVALLY VILLAGE, PARAVUR TALUK, ERNAKULAM, PIN CODE, 683 520.

BY ADVS.

SRI.P.I.GEORGEKUTTY SRI.ARUN PAUL JACOB

RESPONDENT/S:

DYNA MARY ANIYAN, AGED 24 YEARS D/O. SUJA ANIYAN, SANKEERTHANAM, CHOORAKODU P.O,ERATHU VILLAGE, ADOOR TALUK, PATHANAMTHITTA, PIN CODE 691 551

R1 BY ADV. SRI.MANU RAMACHANDRAN R1 BY ADV. SRI.M.KIRANLAL R1 BY ADV. SRI.T.S.SARATH R1 BY ADV. SRI.R.RAJESH (VARKALA) R1 BY ADV. SHRI.SAMEER M NAIR

THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.03.2021, ALONG WITH Tr.P(C).269/2020, Tr.P(C).270/2020, Tr.P(C).325/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Tr.P.(C)Nos.269, 270, 325 & 327/2020

COMMON ORDER [ Tr.P(C).269/2020, Tr.P(C).270/2020, Tr.P(C).325/2020, Tr.P(C).327/2020 ]

Dated this the 10th day of March 2021

Petitioner in Tr.P.(C) Nos. 269 and 270 of 2020 is the

wife. Petitioner in Tr.P.(C) Nos. 325 and 327 is the

husband. The wife has sought transfer of O.P.Nos. 756 and

757 of 2020 pending on the file of Family Court,

Ernakulam to Family Court, Pathanamthitta. The husband

has sought transfer of O.P.Nos. 254 and 255 of 2020

pending on the file of Family Court, Pathanamthitta to

Family Court, Ernakulam.

2. I heard the learned counsel for the petitioner as

well as the learned counsel for the respondent.

3. The contention of the wife is that she is

employed in RM Education Solutions India Pvt. Ltd,

Technopark, Thiruvanathapuram. She is residing in her

parental home at Choorakode, Erathu Village, Adoor Taluk, Tr.P.(C)Nos.269, 270, 325 & 327/2020

which is situated within the jurisdiction limits of Family

Court, Pathanamthitta. According to her, she is not in a

position to undertake a long journey of 131 kms from her

place of residence to Family Court, Ernakulam. She

requests for transfer of original petitions pending on the

file of Family Court, Ernakulam to Family Court,

Pathanamthitta on the ground that she cannot travel a

long distance either from her place of work or residence

to Family Court, Ernakulam. If she is to start from

Technopark, Thiruvanathapuram, she will have to travel

197 kms to reach the Family Court, Ernakulam. This is

quite inconvenient to her. On the other hand, she need

travel only 24 kms from her residence in Adoor Taluk to

reach the Family Court, Pathanamthitta.

4. On the other hand, husband's contention is that,

if he is to contest the proceedings before the Family Court,

Pathanamthitta, he has to travel about 150 kms from his

residence in Paravoor Taluk within the jurisdiction limits of

Family Court, Ernakulam. According to him, his mother

who is one of the parties in O.P.No. 254 of 2020 is Tr.P.(C)Nos.269, 270, 325 & 327/2020

undergoing treatment for Kidney diseases. The learned

counsel for the husband points out that, if the matters

pending before the Family Court, Ernakulam could be

transferred to Family Court, Ettumannur, it would be

convenient to both spouses.

5. The learned counsel for the wife submits that

the travel to family Court, Ettummannur will place her in

very difficult situation.

6. After having heard the submissions made on

behalf of the parties and gone through the materials on

record, I am of the opinion that orders of transfer can be

made only after taking into account of the inconvenience

expressed by the female spouse. If the parents of the

husband are not in a position to attend Family Court

concerned, it does not appear to be serious matter since it

is open to them to apply to the court for personal

exemption which may be decided in accordance with law.

Taking into account the place of residence of the wife and

her convenience, I am of the opinion that it is only just

and reasonable that the Original Petitions pending before Tr.P.(C)Nos.269, 270, 325 & 327/2020

the Family Court, Ernakulam are ordered to be transferred

to Family Court, Pathanamthitta.

In the result, transfer petitions (Tr.P.(C)Nos.269/2020

and 270/2020) are allowed and Tr.P(C)Nos.325/2020 and

327/2020 are dismissed. O.P.Nos.756 and 757 of 2020 on

the file of Family Court, Ernakulam are withdrawn and

transferred to Family Court, Pathanamthitta. The

transferee Family Court on receipt of the records shall fix

an early date for appearance of parties and issue notice to

them.

(Sd/-)

T.V. ANILKUMAR, JUDGE

LU Tr.P.(C)Nos.269, 270, 325 & 327/2020

APPENDIX OF Tr.P(C) 269/2020 PETITIONER'S/S EXHIBITS:

ANNEXURE A1 THE TRUE COPY OF THE OP NO 254/2020 ON THE FILES OF FAMILY COURT, PATHANAMTHITTA FILED BY THE PETITIONER FOR REALIZATION OF PATRIMONY AND GOLD ORNAMENTS

ANNEXURE A2 THE TRUE COPY OF THE OP NO 255/2020 ON THE FILES OF FAMILY COURT, PATHANAMTHITTA FILED BY PETITIONER FOR DIVORCE

ANNEXURE A3 THE TRUE COPY OF THE OP NO 756/2020 BEFORE FAMILY COURT, ERNAKULAM FILED BY THE RESPONDENT SEEKING RESTITUTION OF CONJUGAL RIGHTS ALONG WITH NOTICE

ANNEXURE A4 THE TRUE COPY OF THE OP NO 757/2020 BEFORE FAMILY COURT, ERNAKULAM FILED BY THE RESPONDENT SEEKING DIRECTION TO THE PARENTS OF PETITIONER TO ALLOW HER TO RESIDE WITH RESPONDENT ALONG WITH NOTICE

ANNEXURE A5 THE TRUE COPY OF THE PETITIONERS EMPLOYEE ID ISSUED BY RM EDUCATION SOLUTIONS INDIA PVT LTD TECHNOPARK, THIRUVANANTHAPURAM Tr.P.(C)Nos.269, 270, 325 & 327/2020

APPENDIX OF Tr.P(C) 270/2020 PETITIONER'S/S EXHIBITS:

ANNEXURE A1 THE TRUE COPY OF THE O.P.NO.254/2020 ON THE FILES OF FAMILY COURT, PATHANAMTHITTA FILED BY PETITIONER FOR REALIZATION OF PATRIMONY AND GOLD ORNAMENTS.

ANNEXURE A2 THE TRUE COPY OF THE O.P.NO.255/2020 ON THE FILES OF FAMILY COURT, PATHANAMTHITTA FILED BY PETITIONER FOR DIVORCE.

ANNEXURE A3 THE TRUE COPY OF THE O.P.NO.756/2020 BEFORE FAMILY COURT, ERNAKULAM FILED BY THE RESPONDENT SEEKING RESTITUTION OF CONJUGAL RIGHTS ALONG WITH NOTICE.

ANNEXURE A4 THE TRUE COPY OF THE O.P.NO.757/2020 BEFORE FAMILY COURT, ERNAKULAM FILED BY THE RESPONDENT SEEKING DIRECTION TO THE PARENTS OF PETITIONER TO ALLOW HER TO RESIDE WITH RESPONDENT ALONG WITH NOTICE.

ANNEXURE A5 THE TRUE COPY OF THE PETITIONER'S EMPLOYEE ID ISSUED BY RM EDUCATION SOLUTIONS INDIA PVT. LTD., TECHNOPARK, THIRUVANANTHAPURAM. Tr.P.(C)Nos.269, 270, 325 & 327/2020

APPENDIX OF Tr.P(C) 325/2020 PETITIONER'S/S EXHIBITS:

ANNEXURE A1 THE TRUE COPY OF THE O.P.NO.254/2020 OF FAMILY COURT PATHANAMTHITTA, FILED BY THE RESPONDENTS.

ANNEXURE A2 THE TRUE COPY OF O.P. NO.255/2020 OF FAMILY COURT, PATHANAMTHITTA, FILED BY THE RESPONDENT.

ANNEXURE A3 THE TRUE COPY OF THE OP ON.756/2020 OF FAMILY COURT, ERNAKULAM, FILED BY THE PETITIONER.

ANNEXURE A4 THE TRUE COPY OF THE OP NO.757/2020 OF FAMILY COURT, ERNAKULAM, FILED BY THE PETITIONER.

Tr.P.(C)Nos.269, 270, 325 & 327/2020

APPENDIX OF Tr.P(C) 327/2020 PETITIONER'S/S EXHIBITS:

ANNEXURE A1 THE TRUE COPY OF THE O.P.NO. 254/2020 OF FAMILY COURT, PATHANAMTHITTA , FILED BY THE RESPONDENT.

ANNEXURE A2 THE TRUE COPY OF O.P. NO. 255/202O OF FAMILY COURT, PATHANAMTHITTA FILED BY THE RESPONDENT.

ANNEXURE A3 THE TRUE COPY OF THE O.P. NO. 756/2020 OF FAMILY COURT, ERNAKULAM FILED BY THE PETITIONER.

ANNEXURE A4 THE TRUE COPY OF THE O.P. NO. 757/2020 OF FAMILY COURT,ERNAKULAM FILED BY THE PETITIONER.

                   //   True Copy      //   PA To Judge