Kerala High Court
Sherin Chacko vs Blaze Varghese on 2 November, 2024
2024:KER:81529
Tr.P(C) Nos.435 & 516 of 2024 and Tr.P(Crl.)No.74 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
SATURDAY, THE 2ND DAY OF NOVEMBER 2024 / 11TH KARTHIKA, 1946
TR.P(C) NO. 435 OF 2024
IN OPDIV NO.357 OF 2024 OF FAMILY COURT, PALA
PETITIONER
SHERIN CHACKO
AGED 31 YEARS
D/O CHACKO, PEEDIKAYIL (H), RAMAKALMEDU
KARA,RAMAKALMEDU.P.O, KARUNAPURAM VILLAGE, UDUMBANCHOLA
TALUK, IDUKKI DISTRICT, PIN - 685552
BY ADVS.
C.H.ABDUL RASAC
ABDUL RAOOF PALLIPATH
RESPONDENT:
BLAZE VARGHESE
AGED 32 YEARS
S/O VARGHESE.M.D, MESTHIRIPARAMBIL (H), PONTHENPUZHA.P.O,
KARIMPANAKULAM KARA,MANIMALA VILLAGE, KANJIRAPPALLY TALUK,
KOTTAYAM DISTRICT, PIN - 686544
BY ADV A.AHZAR
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.11.2024, ALONG WITH Tr.P(Crl.).74/2024, 516/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2024:KER:81529
Tr.P(C) Nos.435 & 516 of 2024 and Tr.P(Crl.)No.74 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
SATURDAY, THE 2ND DAY OF NOVEMBER 2024 / 11TH KARTHIKA, 1946
TR.P(CRL.) NO. 74 OF 2024
IN MC NO.74 OF 2024 OF FAMILY COURT, KATTAPPANA
PETITIONERS:
BLAZE VARGHESE
AGED 32 YEARS
S/O VARGHESE M.D., MESTHIRIPARAMBIL HOUSE, PONTHENPUZHA
P.O., KARIMPANAKULAM KARA, MANIMALA VILLAGE, KANJIRAPPALLY
TALUK, KOTTAYAM DISTRICT, PIN - 686544
BY ADV A.AHZAR
RESPONDENT:
BELLA ELIZABETH
AGED 1 YEARS
D/O BLAZE VARGHESE, NOW RESIDING AT PEEDIKAYIL HOUSE,
RAMAKALMEDU KARA, RAMAKALMEDU P.O., KARUNAPURAM VILLAGE,
UDUMBANCHLA TALUK, IDUKKI DISTRICT, REPRESENTED BY HER
MOTHER AND NATURAL GUARDIAN SHERIN CHACKO, AGED 31 YEARS,
W/O BLAZE VARGHESE, PEEDIKAYIL HOUSE, RAMAKALMEDU KARA,
RAMAKALMEDU P.O., KARUNAPURAM VILLAGE, UDUMBANCHLA TALUK,
IDUKKI DISTRICT, PIN - 685552
BY ADVS.
Abdul Rasac
ABDUL RAOOF PALLIPATH(K/920/1998)
THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 02.11.2024, ALONG WITH Tr.P(C).435/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:81529
Tr.P(C) Nos.435 & 516 of 2024 and Tr.P(Crl.)No.74 of 2024
:3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
SATURDAY, THE 2ND DAY OF NOVEMBER 2024 / 11TH KARTHIKA, 1946
TR.P(C) NO. 516 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OP NO.309 OF 2024 OF FAMILY
COURT, KATTAPPANA
PETITIONER/S:
BLAZE VARGHESE
AGED 32 YEARS
S/O VARGHESE M.D., MESTHIRIPARAMBIL HOUSE, PONTHENPUZHA
P.O., KARIMPANAKULAM KARA, MANIMALA VILLAGE, KANJIRAPPALLY
TALUK, KOTTAYAM DISTRICT, PIN - 686544
BY ADV A.AHZAR
RESPONDENT/S:
SHERIN CHACKO
AGED 31 YEARS
W/O BLAZE VARGHESE, PEEDIKAYIL HOUSE, RAMAKALMEDU KARA,
RAMAKALMEDU P.O., KARUNAPURAM VILLAGE, UDUMBANCHLA TALUK,
IDUKKI DISTRIC, PIN - 685552
BY ADVS.
Abdul Rasac
ABDUL RAOOF PALLIPATH(K/920/1998)
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.11.2024, ALONG WITH Tr.P(C).435/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:81529
Tr.P(C) Nos.435 & 516 of 2024 and Tr.P(Crl.)No.74 of 2024
:4:
VIJU ABRAHAM, J.
-- -- -- -- -- -- -- -- -- -- -- -- --
Tr.P(C) Nos.435 & 516 of 2024 and Tr.P(Crl.)No.74 of 2024
-- -- -- -- -- -- -- -- -- -- -- -- --
Dated this the 2nd day of October, 2024
ORDER
Tr.P(C) No.435 of 2024 is filed by the petitioner wife seeking
transfer of OP(DIV) No.357/2024 pending before Family Court,
Pala to Family Court, Kattappana, filed by the respondent husband
seeking dissolution of marriage, whereas Tr.P(C)No.516 of 2024
and Tr.P(Crl.)No.74 of 2024 are filed by the respondent husband
seeking transfer of OP No.309/2024 and MC No.74/2024
respectively, pending before the Family Court, Kattappana to
Family Court, Pala.
2. In Tr.P(C)No.435 of 2024, it is the contention of the
petitioner wife that the marriage between the petitioner and the
respondent took place on 23.05.2022 and a girl child was born in
the said wedlock, who is now aged 1 year and 4 months. But due to
the difference of opinion between the parties and due to the
physical and mental torture from the side of the respondent, the
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Tr.P(C) Nos.435 & 516 of 2024 and Tr.P(Crl.)No.74 of 2024
petitioner was constrained to file O.P.No.309 of 2024 before the
Family Court, Kattappana seeking dissolution of marriage. Another
petition was also filed as M.C.No.74/2024 seeking maintenance
from the respondent. It is at this point of time that O.P.
(IDA)No.357 of 2024 was filed by the respondent before the Family
Court, Pala seeking the very same relief sought for in
O.P.No.309/2024. The petitioner submits that she is residing in her
parental house at Ramakkalmedu along with her minor child and
parents and that no one to accompany her to go to Pala to appear
before the Family Court, which is almost 100 Kms away from the
house of the petitioner. The petitioner also submits that she has to
take care of her minor child also.
3. Respondent husband in Tr.P(C)No.435/2024 (the petitioner
in Tr.P(C)No.516 of 2024 and Tr.P(Crl.)No.74 of 2024) entered
appearance through counsel and filed a counter affidavit mainly
contending that the petitioner is not residing at Ramakkalmedu, as
she is working as a LPST in Bethany Ashram High School at
Cherukulanji in Ranni, as is evident from Ext.R1 and that the
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Tr.P(C) Nos.435 & 516 of 2024 and Tr.P(Crl.)No.74 of 2024
petitioner and the minor child are residing in a rental building at
Pazhavangadi Panchayat in Ranni Taluk near to the school.
Therefore, the contention that the petitioner has to travel almost
100 Kms. from Ramakkalmedu to Family Court, Pala to attend the
court proceedings is without any basis. To which the learned
counsel for the petitioner would contend that she is only
temporarily staying at Ranni in connection with her job and she is
attempting for a transfer to her place of residence. The learned
counsel for the petitioner also relies of the judgment of this Court
in Silpa Shaji v. Satheesh K. S. and Others[2022 (1) KHC
691] to contend that temporary stay for some reasons cannot be a
reason for transfer and that temporary stay at Ranni is for the
purpose of her employment, which is a transferable job, cannot be
taken into consideration as her permanent place of residence. The
respondent, who is the petitioner in Tr.P(C)No.516 of 2024 and
Tr.P(Crl.)No.74 of 2024, would contend that the Family Court at
Pala is more convenient to the petitioner, inasmuch as she is now
residing at Ranni. The learned counsel for the petitioner relies on
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Tr.P(C) Nos.435 & 516 of 2024 and Tr.P(Crl.)No.74 of 2024
the judgment of this Court in Tr.P(C)No.411 of 2022 and
connected cases, in support of her contention that in these transfer
petitions these cases were transferred taking into consideration
the convenience of the wife.
4. Heard the learned counsel for the petitioner and the
learned counsel for the respondent.
4. Admittedly the relief sought for in O.P.Nos.357 & 309 of
2024 are the same, seeking dissolution of marriage and that two
other proceedings between the parties are pending consideration
before the Family Court, Kattappana as O.P.No.309/2024 and MC
No.74/2024. The petitioner in Tr.P(C)No.435 of 2024 is only
temporarily staying at Ranni in connection with her employment
and going by the judgment in Silpa Shaji's case cited (Supra), that
cannot be taken into consideration as a foundation for transfer of
cases, since it is a case of temporary stay. Admittedly the
petitioner in Tr.P(C) No.435 of 2024 has to travel long distance to
reach the Family Court, Pala to attend the court proceedings and
the petitioner has to take care of her minor child aged 1 year and 4
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Tr.P(C) Nos.435 & 516 of 2024 and Tr.P(Crl.)No.74 of 2024
months. Taking into consideration all these aspects and also in
view of the settled position of law that the convenience of the wife
is of prime consideration, while considering an application for
transfer of the case as held by the Apex Court in Aishwarya v.
Saravana Karthik Sha[2022 (4) KLT OnLine 1020 (SC)],
Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi [2005 (1)
KLT OnLine 1169(SC)], Mangla Patil Kale v. Sanjeev Kumar
Kale [2003 (10) SCC 280] and Sumita Singh v. Kumar
Sanjay and another [AIR 2002 (SC) 396]), I am inclined to pass
an order directing to transfer OP(DIV) No.357 of 2024 from the
Family Court, Pala to Family Court, Kattappana for trial and
disposal and I reject the request for transfer in
Tr.P(C)No.516/2024 and Tr.P(Crl) No.74 of 2024.
Accordingly, Tr.P(C) No.435 of 2024 is allowed and
Tr.P(C)No.516/2024 and Tr.P(Crl.) No.74 of 2024 are dismissed.
Sd/-
VIJU ABRAHAM
JUDGE
sm/
2024:KER:81529
Tr.P(C) Nos.435 & 516 of 2024 and Tr.P(Crl.)No.74 of 2024
APPENDIX OF TR.P(C) 435/2024
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE NOTICE ISSUED TO THE
PETITIONER TO APPEAR BEFORE THE FAMILY
COURT, PALA ON 10.07.2024
Annexure 2 TRUE COPY OF THE O.P.NO. 309/2024 ON THE
FILES OF THE FAMILY COURT, KATTAPPANA
Annexure 3 TRUE COPY OF THE M.C 74/2024 ON THE FILES
OF THE FAMILY COURT, KATTAPPANA
RESPONDENT EXHIBITS
Exhibit - R1 True copy of the Identification
Certificate, dated nil issued from the
Bethany Ashram High School, Cherukulanji
to the petitioner.
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Tr.P(C) Nos.435 & 516 of 2024 and Tr.P(Crl.)No.74 of 2024
APPENDIX OF TR.P(CRL.) 74/2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF M.C. NO.74/2024 ON THE FILES
OF THE HON'BLE FAMILY COURT, KATTAPPANA,
DATED 21.06.2024
Annexure A2 TRUE COPY OF O.P. NO.309/2024 ON THE
FILES OF THE HON'BLE FAMILY COURT,
KATTAPPANA, DATED 17.05.2024
Annexure A3 TRUE COPY OF O.P. NO.357/2024 ON THE
FILES OF THE HON'BLE FAMILY COURT, PALA,
DATED 09.05.2024
Annexure A4 TRUE COPY OF THE IDENTIFICATION
CERTIFICATE, DATED NIL ISSUED FROM THE
BETHANY ASHRAM HIGH SCHOOL, CHERUKULANJI
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Tr.P(C) Nos.435 & 516 of 2024 and Tr.P(Crl.)No.74 of 2024
APPENDIX OF TR.P(C) 516/2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF O.P. NO.309/2024 ON THE
FILES OF THE HON'BLE FAMILY COURT,
KATTAPPANA, DATED 17.05.2024
Annexure A2 TRUE COPY OF M.C. NO.74/2024 ON THE FILES
OF THE HON'BLE FAMILY COURT, KATTAPPANA,
DATED 21.06.2024
Annexure A3 TRUE COPY OF O.P. (IDA). 357/2024 ON THE
FILES OF THE HON'BLE FAMILY COURT, PALA,
DATED 09.05.2024
Annexure A4 TRUE COPY OF THE IDENTIFICATION
CERTIFICATE, DATED NIL ISSUED FROM THE
BETHANY ASHRAM HIGH SCHOOL, CHERUKULANJI
TO THE RESPONDENT
