Sali Zachariah @ Marry Zachariah vs Remya Mary Peter
2023 Latest Caselaw 13568 Ker

Kerala High Court

Sali Zachariah @ Marry Zachariah vs Remya Mary Peter on 21 December, 2023

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
             THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
  THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA, 1945
                        TR.P(C) NO. 481 OF 2023
      AGAINST THE ORDER/JUDGMENT OP 419/2017 OF FAMILY COURT,
                                 MAVELIKKARA
PETITIONERS/RESPONDENTS 2 TO 4:
     1     SALI ZACHARIAH @ MARRY ZACHARIAH
           AGED 70 YEARS
           W/O. LATE VARGHESE ZAZHARIAH, MANKOTTATHIL PUTHENPURAYIL,
           VAZHARMANGALAM, P.O., MUZHUKKEER MURI, CHENGANNUR VILLAGE,
           CHENGANNURTALUK, ALAPPUZHA DISTRICT, PIN - 689125
     2     SNEHA ZACHARIAH,
           AGED 47 YEARS
           D/O. SALI ZACHARIAH,MANKOOTTATHIL PUTHENPURAYIL,
           VAZHARMANGALAM. P.O., MAZHUKKEERMURI, CHENGANNUR VILLAGE,
           CHENGANNURTALUK, ALAPPUZHA DISTRICT., PIN - 689125
     3     SANGEETHA ZACHARIAH
           AGED 37 YEARS
           D/O. SALI ZACHARIAH,MANKOOTTATHIL PUTHENPURAYIL,
           VAZHARMANGALAM. P.O., MAZHUKKEER MURI, CHENGANNUR VILLAGE,
           CHENGANNURTALUK, ALAPPUZHA DISTRICT, PIN - 689125
           BY ADVS.
           M.NARENDRA KUMAR
           B.RAJESH (KOTTAYAM)

RESPONDENTS/PETITIONER AND 1ST RESPONDENT:
     1     REMYA MARY PETER,
           AGED 33 YEARS
           D/O. PETER ABRAHAM, THUNCHATHU VEEDU, VAKATHANAM. P.O.,
           NJALIYAKUZHI MURI, VAKATHANAM VILLAGE,
           CHANGANASSERYTALUK, KOTTAYAM DISTRICT, PIN - 686538
     2     SANTHOSH VARGHESE ZACHARIAH
           AGED 38 YEARS
           S/O. LATE VARGHESE ZACHARIAH, MANKOTTATHIL
           PUTHENPURAYIL, VAZHARMANGALAM, P.O., MUZHUKKEER MURI,
           CHENGANNUR VILLAGE, CHENGANNUR TALUK, ALAPPUZHA
           DISTRICT, PIN - 689125
           BY ADVS.
           JOSEPH GEORGE
           BIJO THOMAS GEORGE(B-432)
           P.A.REJIMON(K/700/2017)
           NIKITA NAIR C.S.(K/002018/2022)
           SAJEEV JOHN T.(K/000631/2022)


     THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Tr.P.(C).NO.481 of 2023
                               ..2..




                          O R D E R

Dated this the 21st day of December, 2023

The petitioners herein are respondents 2 to 4 in

O.P.No.419/2017, pending before the Family Court,

Mavelikkara. The said Original Petition is

preferred by the 1st respondent/wife against her

husband and in-laws, seeking return of money and

value of gold ornaments. Transfer is sought for on

the premise that the 1st petitioner is an aged

lady, who finds it difficult to travel from her

place of residence at Chenganoor to the Family

Court, Mavelikkara to attend the case. In the

circumstances, the Original Petition is sought to

be transferred to the Family Court, Thiruvalla,

which is much nearer to her place of residence.

2. This application was seriously opposed by the

learned counsel for the 1st respondent, pointing

out that O.P.No.419/2017 is being considered in Tr.P.(C).NO.481 of 2023 ..3..

the camp sitting at Chengannoor itself, which is

only 2 kilometers away from the place of residence

of the petitioners. If the transfer sought for is

allowed and the case is transferred to the Family

Court, Thiruvalla, the petitioners will have to

travel 10 kilometers, which would expose lack of

bona fides on the part of the petitioner in

seeking transfer.

3. Learned counsel for the petitioner would

submit that, the petitioner is not sure, whether

the Original Petition is being considered in the

camp sitting at Chengannor.

4. This Court notice that, in respect of

matrimonial matters, the convenience of the wife

(1st respondent herein) should be given primacy,

while fixing the forum for adjudication. In such

circumstances, the transfer sought for at the

instances of the mother-in-law, is not liable to Tr.P.(C).NO.481 of 2023 ..4..

be considered favourably, at the first instance.

Secondly, this Court also notice the contention of

the learned counsel for the 1st respondent, that

the matter is not being considered in the camp

sitting at Chenganoor, which is more closer to the

residence of the petitioners. Inasmuch as, the

petitioners are not sure to confirm that the

matter is being considered in the camp sitting,

this Court will direct the Judge, Family Court,

Mavelikkara, to include O.P.No.419/2017 to be

considered in the camp sitting at Chenganoor, if

the same has not already been included.

The Transfer Petition is disposed of as above.

Sd/-

C. JAYACHANDRAN JUDGE TR Tr.P.(C).NO.481 of 2023 ..5..

APPENDIX OF TR.P(C) 481/2023

PETITIONER ANNEXURES Annexure-A 1 TRUE COPY OF THE MEMORANDUM OF ORIGINAL PETITION NO.419 OF 2017 DATED 17/4/2017 Annexure-A 2 TRUE COPY OF THE THE MEDICAL CERTIFICATE DATED 12.9.2022 ISSUED BY DR. REMADEVI ASSISTANT SURGEON (RTD), WORKING AT AMBALLOOR CLINIC,CHENGANOOR Annexure -A3 TRUE COPY OF THE EP NO. 14/2020 IN OP NO. 419/2017 IN THE FAMILY COURT, MAVELIKKARA DATED 13.1.2020.

Annexure-A4 TRUE COPY OF THE JUDGMENT DATED 20.1.2023 IN MAT.APPEAL NO.886/2022 IN THE HIGH COURT OF KERALA