Neethu Elsa Jacob vs Saju Thomas Abraham
2023 Latest Caselaw 9977 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
       THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA,
                                1945
                    TR.P(C) NO. 317 OF 2023
 AGAINST THE ORDER/JUDGMENT OP 910/2022 OF FAMILY COURT,
                              KOTTAYAM
PETITIONER/RESPONDENT:

            NEETHU ELSA JACOB
            AGED 26 YEARS
            D/O. JACOB P JACOB PATTAMUKKIL HOUSE,
            NIRANAM P.O., THIRUVALLA TALUK,
            PATHANAMTHITTA DISTRICT, PIN - 689621
            BY ADVS.
            ENOCH DAVID SIMON JOEL
            S.SREEDEV
            RONY JOSE
            LEO LUKOSE
            KAROL MATHEWS SEBASTIAN ALENCHERRY
            DERICK MATHAI SAJI


RESPONDENT/PETITIONER:

            SAJU THOMAS ABRAHAM
            AGED 32 YEARS
            S/O LATE ABRAHAM THOMAS, MADHAVASSERIL HOUSE,
            VELLOOR(P.O), PAMBADY VILLAGE, KOTTAYAM TALUK,
            KOTTAYAM DISTRICT, PIN - 686501
            BY ADVS.
            AIBEL MATHEW SIBY
            JOHN VITHAYATHIL(K/001877/2021)
            SIBY CHENAPPADY(K/646/1992)
            ANU GEORGE(K/1793/1995)
THIS   TRANSFER    PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION    ON   18.09.2023,    THE    COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 TrPC NO.317/2023
                                    ..2..



                                   JUDGMENT

The petitioner seeks that O.P. No.910/2022, on the files of

the Family Court, Ettumanoor, be transferred to the Family Court,

Thiruvalla, before which, O.P.No.478/2022 and M.C.No.57/2022

are already pending.

2. The petitioner explains that O.P. No.910/2022 was filed

by her husband - the respondent herein - for divorce; while,

O.P.No.478/2022 and M.C.No.57/2022 have been filed by her, also

seeking divorce and maintenance. She says that, therefore,

unless all these cases are tried together, there would be

infraction of justice and that, hence it is now necessary that

O.P.No.910/2022 be transferred to the Family Court, Thiruvalla;

which is more for the reason that she is residing at

Pathanamthitta, making it difficult for her to travel to Ettumanoor

since her mother is unwell, requiring constant care and attention.

3. In response to the afore request of the petitioner, as

made by her learned counsel - Sri.Enoch David Simon Joel,

learned counsel for the respondent - Sri.Aibel Mathew Siby,

submitted that the request now made is untenable because, it

was his client who had filed the application for divorce before the

Family Court, Ettumanoor, first. He thus prayed that this Transfer TrPC NO.317/2023 ..3..

Petition be dismissed.

4. I am afraid that the afore objection of the respondent

cannot find favour with this Court because, it is not relevant as to

who among the parties had filed the application for divorce first;

but the relative convenience or detriment - as the case may be -

that will be caused to the parties - particularly the petitioner, who

is the wife. As far as she is concerned, she is in charge of her old

mother, who is infirm and requires care and attention; and

therefore, that when she has to travel to the Family Court,

Ettumanoor, she will be put to great prejudice.

5. Obviously, therefore, the detriment that the petitioner

would have to face in defending O.P.No.910/2022 before the

Family Court, Ettumanoor, would be far more than what the

respondent would have to face, if the same is transferred, to be

tried along with O.P.No.478/2022 and M.C.No.57/2022, filed by

her before the Family Court, Thiruvalla. In any event, the

respondent will certainly have to attend both the Courts, if this

Transfer Petition is not allowed.

In the afore circumstances, I allow this Transfer Petition and

order that O.P. No.910/2022 will stand transferred from the Family

Court, Ettumanoor, to the Family Court, Thiruvalla.

Resultantly, the Original Petition, on transfer, will be TrPC NO.317/2023 ..4..

numbered appropriately and the parties notified of further

proceedings as per law.

I leave liberty to the parties to approach the transferred

Court for joint trial of the matters, as they are advised.

Sd/-

DEVAN RAMACHANDRAN, JUDGE ACR TrPC NO.317/2023 ..5..

APPENDIX OF TR.P(C) 317/2023

PETITIONER ANNEXURES Annexure A1 TRUE COPY OF O.P.NO. 910/2022 ON THE FILES OF THE FAMILY COURT, ETTUMANOOR. Annexure A2 TRUE COPY OF O.P.NO. 1714/2022 ON THE FILES OF THE FAMILY COURT, ETTUMANOOR. Annexure A3 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 01.05.2023 ISSUED TO MRS LEENA JACOB, MOTHER THE PETITIONER.