Kerala High Court
Meros Mathew vs Dr. Ancy Cherian on 2 August, 2024
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
FRIDAY, THE 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946
TR.APPEAL(C) NO. 12 OF 2024
AGAINST THE JUDGMENT DATED 04.04.2024 IN Tr.P(C) NO.896 OF
2023 OF HIGH COURT OF KERALA
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APPELLANTS/RESPONDENTS/RESPONDENTS:
1 MEROS MATHEW,
AGED 40 YEARS,
S/O MATHEW THOMAS, MANNIKAROTTU (H), KAITHAPURAMBU
P.O. ENATHU VILLAGE, ADOOR TALUK, PATHANAMTHITTA
DISTRICT, PRESENTLY HAVING WORK ADDRESS AT HAMID Y.
AL FURAIH TRADING EST., OFFICE 405, 4TH FLOOR,
ROMAIH AL MAZYED BUILDING, CROSS 25, KING ABDUL
AZIZ ST., AL KHOBAR 31952, SAUDI ARABIA,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER MATHEW
THOMAS, AGED 74 YEARS, S/O M.M. THOMAS,
MANNIKAROTTU (H), KAITHAPURAMBU P.O., ENATHU
VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT,
PIN - 691526.
2 MATHEW THOMAS,
AGED 74 YEARS,
S/O M.M. THOMAS, MANNIKAROTTU (H), KAITHAPURAMBU
P.O., ENATHU VILLAGE, ADOOR TALUK, PATHANAMTHITTA
DISTRICT, PIN - 691526.
TR.APPEAL(C)NO.12/2024 -2-
BY ADVS.
MANU RAMACHANDRAN
SHIFANA M.
M.KIRANLAL
R.RAJESH (VARKALA)
T.S.SARATH
SAMEER M NAIR
SAILAKSHMI MENON
JOTHISHA K.A.
RESPONDENT/PETITIONER/PETITIONER:
DR. ANCY CHERIAN,
AGED 38 YEARS,
D/O P.S CHERIAN, AGED 38 YEARS, PALLIKEL HOUSE,
PUNNAKADU P.O, KOZHENCHERY TALUK, PATHANAMTHITTA
DISTRICT, PIN - 689652.
BY ADVS.
BHANU THILAK
ASWATHY PAVITHRAN
VISHNU.R
S.R.PRASANTH
THIS TRANSFER APPEAL(CIVIL) HAVING COME UP FOR ADMISSION
ON 02.08.2024 A/W Tr. Appeal No.13/2024 & CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
FRIDAY, THE 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946
TR.APPEAL(C) NO. 13 OF 2024
AGAINST THE JUDGMENT DATED 04.04.2024 IN Tr.P(C) NO.894 OF
2023 OF HIGH COURT OF KERALA
-----
APPELLANT/RESPONDENT/PETITIONER:
MEROS MATHEW
AGED 40 YEARS
S/O MATHEW THOMAS, MANNIKAROTTU (H), KAITHAPURAMBU
P.O. ENATHU VILLAGE, ADOOR TALUK, PATHANAMTHITTA
DISTRICT, PRESENTLY HAVING WORK ADDRESS AT HAMID Y.
AL FURAIH TRADING EST., OFFICE 405, 4TH FLOOR,
ROMAIH AL MAZYED BUILDING, CROSS 25, KING ABDUL
AZIZ ST., AL KHOBAR 31952, SAUDI ARABIA,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER MATHEW
THOMAS, AGED 74 YEARS, S/O M.M. THOMAS,
MANNIKAROTTU (H), KAITHAPURAMBU P.O., ENATHU
VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT,
PIN - 691526
BY ADVS.
MANU RAMACHANDRAN
M.KIRANLAL
T.S.SARATH
R.RAJESH (VARKALA)
SAMEER M NAIR
SAILAKSHMI MENON
SHIFANA M.
JOTHISHA K.A.
TR.APPEAL(C) NO. 13 OF 2024 -2-
RESPONDENT:
DR. ANCY CHERIAN
AGED 38 YEARS
D/O P.S CHERIAN, PALLIKEL HOUSE, PUNNAKADU P.O,
KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT,
PIN - 689652.
THIS TRANSFER APPEAL(CIVIL) HAVING COME UP FOR ADMISSION
ON 02.08.2024 A/W Tr. Appeal No.12/2024 & CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
FRIDAY, THE 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946
TR.APPEAL(C) NO. 14 OF 2024
AGAINST THE JUDGMENT DATED 04.04.2024 IN Tr.P(C) NO.766 OF
2023 OF HIGH COURT OF KERALA
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APPELLANT/RESPONDENT/PETITIONER:
MEROS MATHEW,
AGED 40 YEARS,
S/O MATHEW THOMAS, AGED 40 YEARS, MANNIKAROTTU (H),
KAITHAPURAMBU P.O. ENATHU VILLAGE, ADOOR TALUK,
PATHANAMTHITTA DISTRICT, PRESENTLY HAVING WORK
ADDRESS AT HAMID Y. AL FURAIH TRADING EST., OFFICE
405, 4TH FLOOR, ROMAIH AL MAZYED BUILDING, CROSS
25, KING ABDUL AZIZ ST., AL KHOBAR 31952, SAUDI
ARABIA, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
MATHEW THOMAS, AGED 74 YEARS, S/O M.M. THOMAS,
MANNIKAROTTU (H), KAITHAPURAMBU P.O., ENATHU
VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT,
PIN - 691526.
BY ADVS.
MANU RAMACHANDRAN
M.KIRANLAL
R.RAJESH (VARKALA)
T.S.SARATH
SAMEER M NAIR
SAILAKSHMI MENON
JOTHISHA K.A.
SHIFANA M.
TR.APPEAL(C) NO. 14 OF 2024 -2-
RESPONDENT/PETITIONER/RESPONDENT:
DR. ANCY CHERIAN
AGED 38 YEARS
D/O P.S CHERIAN, AGED 38 YEARS, PALLIKEL HOUSE,
PUNNAKADU P.O, KOZHENCHERY TALUK, PATHANAMTHITTA
DISTRICT, PIN - 689652.
BY ADVS.
BHANU THILAK
ASWATHY PAVITHRAN
VISHNU.R
S.R.PRASANTH
THIS TRANSFER APPEAL(CIVIL) HAVING COME UP FOR ADMISSION
ON 02.08.2024 A/W Tr. Appeal No.12/2024 & CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN &
JOHNSON JOHN, JJ.
= = = = = = = = = = = = = = = = = =
Tr. Appeal (C) Nos.12,13 & 14 of 2024
= = = = = = = = = = = = = = = = = =
Dated this the 2nd day of August, 2024
J U D G M E N T
Sathish Ninan, J.
Orders of transfer of three original petitions
pending before the Family Court, Adoor, to the Family
Court at Thiruvalla, are under challenge in these
transfer appeals by the husband.
2. The husband filed OP (G&W) No.1248/2021 before
the Family Court, Pathanamthitta, with regard to the
custody of the minor child born in the wedlock. He also
filed OP(Div.) No.1247/2021 before the said court
seeking divorce. The wife filed OP No.698/2022 before
the same court for return of patrimony. Consequent on
the formation of the Family Court, Adoor, the three
original petitions were transferred to the said Family
Court and were re-numbered as OP(G&W) No.986/2023.
OP(Div.) No.979/2023 and OP No.1216/2023 respectively.
Tr.Appeal(C) 12,13 & 14 of 2024
3. The wife approached this Court seeking transfer
of the three proceedings to the Family Court at
Thiruvalla. The reason stated for transfer was that, she
along with the minor child is presently residing at the
family house at Mallappally in Thiruvalla. Her father
who is staying at the family house is suffering from
blood Cancer.
4. The husband opposed the prayer for transfer
contending that the wife is a Doctor working in a
hospital at Konni and that the child is studying at
Kozhencherry. The wife had filed an interlocutory
application as IA 7/2022 in the OP(G&W) seeking release
of the passport of the minor child. Release of the
passport was sought to take him to Dubai to the
residence of the petitioner's father. Therefore, the
present claim that the wife is residing at her paternal
house with her father, is not correct.
5. The learned single Judge took note of the fact
that the wife, who was working at Konni, had resigned
Tr.Appeal(C) 12,13 & 14 of 2024
from there and that she is presently residing at her
paternal house in Mallappally.
6. We have heard Sri.Manu Ramachandran, the learned
counsel for the appellant-husband and Smt.Bhanu Thilak,
the learned counsel for the respondent-husband.
7. The learned counsel for the appellant Sri.Manu
Ramachandran would contend that, the venue of trial
cannot be shifted merely to suit the convenience of the
wife and according to the change of her place of
residence. He would further contend that, the contention
of the wife that she is residing with her father who is
suffering from Cancer is not correct as is evident from
the averments made by her in IA 7/2023 filed in the
OP(G&W). Therefore, the claim of the wife lacks bona
fides and the transfer ought not be granted, it is
argued.
8. The husband is abroad. The wife is residing at
her paternal house at Mallappally which is near to
Thiruvalla. The minor child is with the wife. Though the
Tr.Appeal(C) 12,13 & 14 of 2024
wife was employed at Konni, she is not working there
anymore. She is stated to be on the look out for a job
at Thiruvalla. Challenging the order in IA 7/2023 in
OP(G&W) No.1248/2021 declining return of the passport,
the wife had approached this Court in OP(C) No.53/2024.
Therein she had filed an interlocutory application
seeking permission for production of additional
documents. In the affidavit dated 09.07.2024, filed in
support of the said application it has been stated that
her father who was abroad was diagnosed with blood
cancer and her parents came back to the native place for
treatment. It is stated that she has resigned her job at
Kozhencherry and is in search of a job in Thiruvalla. It
has also been stated that she is residing at her
paternal home at Thiruvalla. It is stated that the
health condition of the father has substantially
improved and that he is making frequent travels between
Dubai and the native place.
Tr.Appeal(C) 12,13 & 14 of 2024
9. While it is true that as contended by the
learned counsel for the appellant, the place of trial of
the case cannot be shifted according to the place of
residence of the wife. On the entirety of the facts as
noted above, we are of the opinion that the learned
single Judge cannot be faulted in having ordered
transfer of the cases to the Family Court at Thiruvalla.
Judicial discretion has been exercised supported by
adequate reasons.
10. The learned counsel for the appellant submitted
that the proceedings may be shifted to Pathanamthitta,
where the cases were originally filed. As noted supra,
the husband is abroad. His power of attorney holder is
at Adoor. Therefore, be it to Turuvalla or
Pathanamthitta, he has to undertake travel and there is
not much of a difference in the distance.
We do not think that any interference is called for
with the impugned orders.
Tr.Appeal(C) 12,13 & 14 of 2024
Resultantly, the transfer appeals are dismissed.
Sd/-
SATHISH NINAN
JUDGE
Sd/-
JOHNSON JOHN
JUDGE
kns/-
//True Copy//
P.S. To Judge
APPENDIX OF TR.APPEAL(C) 14/2024
PETITIONER ANNEXURES
Annexure R1(a) THE TRUE COPY OF THE MEMORANDUM OF O.P(FC)
NO.53/2024 WITHOUT EXHIBITS FILED BY THE
RESPONDENT-WIFE BEFORE THIS HON'BLE COURT
Annexure R1(b) THE TRUE COPY OF THE I.A NO.3/2024 IN O.P(FC)
NO.53/2024 WITHOUT EXHIBITS FILED BY THE
RESPONDENT-WIFE BEFORE THIS HON'BLE COURT
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APPENDIX OF TR.APPEAL(C) 13/2024
PETITIONER ANNEXURES
Annexure R1(a) THE TRUE COPY OF THE MEMORANDUM OF O.P(FC)
NO.53/2024 WITHOUT ANNEXURES FILED BY THE
RESPONDENT-WIFE BEFORE THIS HON'BLE COURT
Annexure R1(b) THE TRUE COPY OF THE I.A NO.3/2024 IN O.P(FC)
NO.53/2024 WITHOUT ANNEXURES FILED BY THE
RESPONDENT-WIFE BEFORE THIS HON'BLE COURT
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APPENDIX OF TR.APPEAL(C) 12/2024
PETITIONER ANNEXURES
Annexure R1(a) THE TRUE COPY OF THE MEMORANDUM OF O.P(FC)
NO.53/2024 WITHOUT ANNEXURES FILED BY THE
RESPONDENT-WIFE BEFORE THIS HON'BLE COURT
Annexure R1(b) THE TRUE COPY OF THE I.A NO.3/2024 IN O.P(FC)
NO.53/2024 WITHOUT ANNEXURES FILED BY THE
RESPONDENT-WIFE BEFORE THIS HON'BLE COURT
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