Tomy T vs Maria Joseph
2022 Latest Caselaw 1067 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
        THURSDAY, THE 27TH DAY OF JANUARY 2022 / 7TH MAGHA, 1943
                           TR.P(C) NO. 807 OF 2019
   AGAINST THE ORDER/JUDGMENT IN OP 433/2018 and OP 750/2019 OF FAMILY
                              COURT, ALAPPUZHA
PETITIONER/RESPONDENT:

           TOMY.T
           S/O.LATE THOMAS,
           AGED 48 YEARS
           KIZHAKKE KARUVELIL HOUSE,
           PATTANAKKAD P.O., CHERTHALA TALUK
           ALAPPUZHA DISTRICT
           BY ADVS.
           K.N.RAJANI
           SRI.D.VINOD


RESPONDENT/PETITIONER:

           MARIA JOSEPH
           AGED 33 YERAS,
           W/O.TOMY, PULLAMCHIRAYIL,
           VAYALAR PANCHAYATH, KALAVAMKODAM P.O.,
           CHERTHALA TALUK, ALAPPUZHA DISTRICT - 688 524
           BY ADVS.
           SRI.V.JOHN MANI
           SRI.S.JAYANT
           SHRI.VARGHESE SABU


     THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
27.01.2022, ALONG WITH Tr.P(Crl.).23/2020, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 TR.P(C) NO. 807 OF 2019 &
TR.P(CRL.) NO. 23 OF 2020
                                     2




               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
     THURSDAY, THE 27TH DAY OF JANUARY 2022 / 7TH MAGHA, 1943
                         TR.P(CRL.) NO. 23 OF 2020
  AGAINST THE ORDER/JUDGMENT IN CRA 224/2018 OF SESSIONS COURT,
                               MAVELIKKARA
PETITIONER/RESPONDENT:

             TOMY T.
             AGED 48 YEARS
             S/O. LATE THOMAS, KIZHAKKE KARUVELIL HOUSE,
             PATTANAKKAD P. O., CHERTHALA TALUK,
             ALAPPUZHA DISTRICT - 688531.
             BY ADV K.N.RAJANI


RESPONDENT/PETITIONER:

             MARIA JOSEPH
             AGED 33 YEARS
             W/O. TOMY, PULLAMCHIRAYIL,
             VAYALAR PANCHAYATH, KALAVAMKODAM P. O.,
             CHERTHALA TALUK, ALAPPUZHA DISTRICT - 688524.
             BY ADVS.
             SRI.V.JOHN MANI
             SRI.S.JAYANT
             SHRI.VARGHESE SABU


      THIS    TRANSFER    PETITION   (CRIMINAL)   HAVING   COME   UP   FOR
ADMISSION ON 27.01.2022, ALONG WITH Tr.P(C).807/2019, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 TR.P(C) NO. 807 OF 2019 &
TR.P(CRL.) NO. 23 OF 2020
                                      3


                                   ORDER

Dated this the 27th day of January, 2022

Tr.P.(C).No.807/2019 has been filed by the petitioner, who is the

husband of the respondent herein to transfer O.P.No.433/2018 and

750/2019 pending before the Family Court, Alappuzha to Family Court

Cherthala, Camp.

2. Heard both sides.

3. It is submitted by the learned counsel for the petitioner

that the petitioner has been suffering from carcinoma and he has been

experiencing difficulty to reach Family Court, Alappuzha to contest the

case.

4. The learned counsel for the respondent/wife of the

petitioner opposed the transfer of these matters.

5. Coming to the crux of this case, in fact, only one Family

Court is functioning in Alappuzha and in one day, during a month,

there has been camp sitting at Cherthala. Accordingly, the petitioner,

who has been suffering from carcinoma, residing within limits of

Cherthala jurisdiction, sought for the relief to call the above cases at

Cherthala Camp.

6. In view of the disease of the petitioner as canvassed, I am

inclined to direct the Family Court, Alappuzha to post TR.P(C) NO. 807 OF 2019 & TR.P(CRL.) NO. 23 OF 2020

O.P.No.433/2018 and 750/2019 at Family Court, Cherthala Camp and

try to dispose of the same at the earliest. Accordingly, Tr.P.

(C).807/2019 stands allowed.

7. Considering the pendency of these matters for the last

three/four years, I direct the learned Family Judge, Alappuzha to

expedite the trial and disposal of these matters, at the earliest, at any

rate, within a period of four months from the date of receipt or

production of a copy of this order.

8. In Tr.P.(Crl) 23/2020, the petitioner/husband seeks

transfer of Crl.A.224/2018 pending before the Sessions Court,

Mavelikkara to Sessions Court, Alappuzha on the same ground. In

fact, in criminal appeals, the presence of the parties is not necessary.

Therefore, the counsel for the petitioner could very well address the

grievance of the petitioner and transfer the case as sought for is not

liable to be allowed for the said reason. Therefore, I am not inclined to

transfer the same. Accordingly, Tr.P.(Crl).23/2020 stands dismissed.

Registry is directed to forward a copy of this order to the Courts

concerned, within seven days, for compliance and information.

Sd/-

A. BADHARUDEEN JUDGE

nkr TR.P(C) NO. 807 OF 2019 & TR.P(CRL.) NO. 23 OF 2020

APPENDIX OF TR.P(C) 807/2019

PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF O.P.NO.433/2018 FOR A DECREE OF DIVORCE FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, ALAPPUZHA ANNEXURE A2 TRUE COPY OF O.P.NO.750/2019 FILED BY THE RESPONDENT AGAINST THE PETIITONER FOR RETURN OF MONEY AND GOLD ORNAMENTS BEFORE THE FAMILY COURT, ALAPPUZHA.

ANNEXURE A3 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE SREE SUDHEENDRA MEDICAL MISSION HOSPITAL DATED 24.09.2019.

ANNEXURE A4 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE MEDICAL TRUST HOSPITAL DATED 19.10.2019.

TR.P(C) NO. 807 OF 2019 & TR.P(CRL.) NO. 23 OF 2020

APPENDIX OF TR.P(CRL.) 23/2020

PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF MC. NO.76/2018 FILED BY THE RESPONDENT BEFORE THE JFCM COURT, MAVELIKKARA.

ANNEXURE A2 TRUE COPY OF CRL. APPEAL NO.224/2018 FILED BY THE PETITIONER BEFORE THE SESSIONS COURT, MAVELIKKARA.

ANNEXURE A3 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE SREE SUDHEENDRA MEDICAL MISSION HOSPITAL DATED 24.09.2019.

ANNEXURE A4 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE MEDICAL TRUST HOSPITAL DATED 19.10.2019.