Kerala High Court
Thomas Mathew vs Ambily Thomas on 24 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
TR.P(CRL.) NO. 24 OF 2020
AGAINST THE ORDER/JUDGMENT IN MC 134/2019 OF JUDICIAL MAGISTRATE OF
FIRST CLASS ,TALIPARAMBA, KANNUR
PETITIONERS/RESPONDENTS:
1 THOMAS MATHEW
AGED 40 YEARS
S/O MATHEW.V.T,
VEMAPALAYIL HOUSE,
CHATHANTHARA.P.O,
KOLLAMULA,
PATHANAMTHITTA DISTRICT-686510.
2 MATHEW.V.T,
AGED 68 YEARS
S/O.V.T.THOMAS,
VEMPALAYIL HOUSE,
CHATHANTHARA.P.O,
KOLLAMULA,
PATHANAMTHITTA DISTRICT-686510.
3 ANNAMMA,
AGED 60 YEARS
W/O MATHEW.V.T,
VEMPALAYIL HOUSE,
CHATHANTHARA.P.O,
KOLLAMULA,
PATHANAMTHITTA DISTRICT-686510.
BY ADVS.
MANU RAMACHANDRAN
SRI.M.KIRANLAL
SRI.T.S.SARATH
SRI.R.RAJESH (VARKALA)
SHRI.SAMEER M NAIR
TR.P(CRL.) NO. 24 OF 2020
2
RESPONDENT/PETITIONER:
AMBILY THOMAS
W/O THOMAS MATHEW,VEMBALAYIL HOUSE,
CHATHANTHARA.P.O,
KOLLAMULA,PATHANAMTHITTA-686510,
NOW RESIDING AT CHOKKATTU HOUSE,
KUNIYANPUZHA(P.O),
AREEKAMALA,KANNUR-670632,
THROUGH P.A.HOLDER MATHEW JOSEPH,
S/O JOSEPH,
AGED 59 YEARS,CHOKKATTU HOUSE,KUNIYANPUZHA(P.O),
AREEKAMALA,KANNUR-670632.
THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 24.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
TR.P(CRL.) NO. 24 OF 2020
3
ORDER
Dated this the 24th of September, 2021
This transfer petition has been filed seeking for transfer of M.C.
(DV) No.134/2019 on the file of Judicial First Class Magistrate Court,
Thaliparamba to Chief Judicial Magistrate Court, Pathanamthitta.
2. First petitioner is respondent's husband and other
petitioners are parents of 1st petitioner. The marriage of the 1 st
petitioner and respondent was solemnised on 06.2.2010 at St.Maria
Gorettis Church, Kollamula Village, Ranni, Pathanamthitta District, as
per the religious rights and ceremonies of Christian Religion. 1 St
petitioner is taking care of four children born out of their wed-lock.
After marriage the 1st petitioner spent money for equipping the
respondent for nursing job and subsequently she went abroad and
obtained a job at Israel for which the 1 st petitioner spent more than
Rs.12 lakhs. Accordingly, she went to Israel on 04.1.2019. The
petitioner has been looking after the children. Subsequently, their
relationship strained. Hence, the respondent instituted O.P.
No.1361/2019 before the Family Court, Kannur, seeking for divorce
and she also filed O.P. No.1409/2019 before the Family Court, Kannur,
TR.P(CRL.) NO. 24 OF 2020
seeking realisation of past maintenance, return of gold and patrimony
and also money sent by her to the 1st petitioner. The respondent also
filed M.C.(DV) No.134/2019 before the Judicial First Class Magistrate
Court, Thaliparamba under the provisions of Protection of Women
from Domestic Violence Act, 2005 raising false and frivolous
contentions. Copy of the petition has been produced as Annexure A1.
3. According to the learned counsel for the petitioners, the
respondent is at Israel and she is represented by the her power-of-
attorney holder in all the proceedings. The 1 st petitioner is a driver
and he finds it difficult to appear before the Judicial First Class
Magistrate Court, Kannur, for conducting the M.C.(DV) No.134/2019.
The minor children are also residing with the petitioner. They are also
not in a position to travel to Kannur in connection with the above
cases.
4. In the said circumstances, the petitioner seeks for transfer
of the above case from Judicial First Class Magistrate Court,
Thaliparamba to Chief Judicial First Class Magistrate Court,
Pathanamthitta. Notice was issued to the respondent. There is no
appearance for the respondent.
TR.P(CRL.) NO. 24 OF 2020
5. Heard the learned counsel for the petitioners. The main
contention of the learned counsel for the petitioners is that the 1 st
petitioner is a driver and it is difficult for him to travel and conduct
M.C.(DV) No.134/2019 pending before the Judicial First Class
Magistrate Court, Thaliparamba. It is also his contention that earlier
as per the order Tr.P(C) No.166/2020 dated 19.10.2020, this Court
transferred O.P. No.1361/2019 and O.P. No.1409/2019 pending before
Family Cour, Kannur to Family Court, Pathanamthitta. The specific
contention of the petitioner is that the respondent is working as Nurse
at Israel. With his effort that she was educated and got a job. After
obtaining the job, she filed cases against him. His financial condition
was also very bad and is only a driver.
6. It has come out that the children born out of the wed-lock
are living with the 1st petitioner and his parents. Moreover, two civil
cases filed by the respondent had already been transferred to Family
Court, Pathanamthitta. Traveling all the way from Pathanamthitta to
Thaliparamba may cause hardship to the petitioner. Notice was issued
to the respondent through the power of attorney holder. It was duly
served. But there is no appearance to the respondent.
TR.P(CRL.) NO. 24 OF 2020
7. Normally in matrimonial matters convenience of the wife
has to be given more preference. (See Sithra Vs. Rajesh 2009 (4)
KHC 269). In the fact situation of this case the wife is in a much
higher position than the husband. She caused to file cases against the
petitioners through a Power-of-Attorney Holder since she is working
abroad. In Anindita Das V. Srijit Das (2006 (9) SCC 197) the
Appex Court held that leniency shown by the court is being misused
by women by filing transfer petition without merit. True no transfer
petition has been filed by her. But she initiated the proceedings
against the husband fully knowing that husband along with three
children born out of their wed-lock are residing at Pathanamthitta. So
continuation of proceedings in M.C.(DV) No.134/2019 at Judicial First
Class Magistrate Court, Thaliparamba, will cause inconvenience to this
petitioners.
8. In the said circumstances, I don't find any reason to refuse
the prayer sought for by the petitioners seeking transfer of M.C.(DV)
No.134/2019 on the file of Judicial First Class Magistrate Court,
Thaliparamba to Chief Judicial Magistrate Court, Pathanamthitta.
Accordingly, this Transfer Petition is allowed. M.C.(DV)
TR.P(CRL.) NO. 24 OF 2020
No.134/2019 pending before the Judicial First Class Magistrate Court,
Thaliparamba is hereby withdrawn and transferred to Chief Judicial
Magistrate Court, Pathanamthitta. Judicial First Class Magistrate
Court, Thaliparamba is directed to transfer the records of M.C.(DV)
No.134/2019 to Chief Judicial Magistrate Court, Pathanamthitta
forthwith.
Sd/-
M.R.ANITHA
JUDGE
SMF
TR.P(CRL.) NO. 24 OF 2020
APPENDIX OF TR.P(CRL.) 24/2020
PETITIONER ANNEXURE
ANNEXURE A1 THE TRUE COPY OF THE M.C(DV)NO.134/2019 ON
THE FILES OF JUDICIAL FIRST CLASS
MAGISTRATE COURT,THALIPARAMBA
ANNEXURE A2 THE TRUE COPY OF THE FIR IN CRIME
NO.44/2020 OF VECHOOCHIRA POLICE
STATION,PATHANAMTHITTA.
ANNEXURE A3 THE TRUE COPY OF THE MEDICAL RECORDS OF THE
PETITIONER DATED 28.01.2020 ISSUED BY THE
MEDICAL COLLEGE HOSPITAL OF PARIYARAM.
//TRUE COPY//
PA TO JUDGE
