Kerala High Court
Tency Thomas Represented By Power Of ... vs Jobin Wilson on 5 August, 2025
2025:KER:58781
TR.P(C) NO. 362 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K. NATARAJAN
TUESDAY, THE 5TH DAY OF AUGUST 2025 / 14TH SRAVANA, 1947
TR.P(C) NO. 362 OF 2025
AGAINST THE ORDER/JUDGMENT DATED IN GOP NO.913 OF 2025 OF FAMILY
COURT, KANNUR
PETITIONER/S:
1 TENCY THOMAS REPRESENTED BY POWER OF ATTORNEY HOLDER
THOMAS SEBASTIAN
AGED 38 YEARS
D/O THOMAS SEBASTIAN ,RESIDING AT ATHIRAKULANGARA
HOUSE,CHERUPUZHA,CHERUPUZHA P O CHERUPUZAHA VILLAGE
PAYYANNUR TALUK KANNUR DISTRICT, PIN - 670511
2 THOMAS SEBASTIAN,
AGED 63 YEARS
S/O LATE SEBASTIAN, RESIDING AT ATHIRAKULANGARA
HOUSE,CHERUPUZHA,CHERUPUZHA P O CHERUPUZAHA VILLAGE
PAYYANNUR TALUK KANNUR DISTRICT, PIN - 670511
3 MOLY THOMAS
AGED 61 YEARS
W/O THOMAS SEBASTIAN,AGED 63 YEARS S/O LATE SEBASTIAN,
RESIDING AT ATHIRAKULANGARA HOUSE,CHERUPUZHA,CHERUPUZHA P
O CHERUPUZAHA VILLAGE PAYYANNUR TALUK KANNUR DISTRICT,
PIN - 670511
BY ADVS.
SMT.RESHMA E.
SMT.ATHEENA ANTONY
SMT.ANJITHA SANTHOSH
RESPONDENT/S:
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TR.P(C) NO. 362 OF 2025
2
JOBIN WILSON,
AGED 39 YEARS
S/O M C WILSON( LATE),RESIDING AT MUNJANATTU HOUSE
,CHEMBANKUNNU, KUNNUMKAI,WEST ELERI P O, VELLARIKKUNDU
TALUK, KASARGOD DISTRICT, PIN - 670011
BY ADV SRI.JACOB E SIMON
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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TR.P(C) NO. 362 OF 2025
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JUDGMENT
(Dated this the 05th day of August, 2025)
This transfer petition has been filed for transferring GOP
No.913/2025 from the Family Court, Kannur, to the Family
Court, Kasargod.
2.Heard the arguments of the learned counsel for the
petitioner and the respondent.
3.The case of the petitioner is that the petitioner is married
to the respondent, and three girl children were born in the said
wedlock, and due to a dispute between the petitioner and the
defendant, they are residing separately.
4.The respondent husband filed GOP No.913/2025 before
the Family Court, Kannur. Although the petitioner resides in
Cherupuzha, Payyannur Taluk, within Kannur District, the
distance to the Family Court, Kannur, is approximately 58
kilometers. In order to attend the Family Court, Kannur, she
must travel from Cherupuzha to Cheemeni, and thereafter she
has to take another bus from Cheemeni to Payyannur and finally
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TR.P(C) NO. 362 OF 2025
board one more bus to reach Kannur to attend the case. She has
to travel more than 58 Km, catching three buses, which is very
difficult for her to attend the court.
5.The petitioner's house is situated near to National
Highway passing towards Kasargod, which makes it easy for her
to take a bus to attend the case at the Family Court, Kasargod.
Hence, prayed for the transfer.
5.Per contra, the learned counsel for the respondent, while
stating that he has no objection to the transfer, submitted that
earlier he had filed a petition before the Family Court, Kasargod,
and it has been returned on the ground that the children are
residing within the jurisdiction of the Family Court at Kannur.
Therefore, the respondent has filed this present petition before
the Family Court, Kannur.
6.It is also submitted by the learned counsel for the
respondent that the petitioner is not staying with the children,
but she is staying at Muscat for employment purposes, and the
children are with the parents of the petitioner.
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TR.P(C) NO. 362 OF 2025
7. The petitioner also filed a claim for maintenance against
the respondent before the Family Court, Kasargod, which is also
pending. But according to the petitioner, the Family Court,
Kasargod is more convenient to her by catching one bus to
attend the case at the Family Court, Kasargod.
8.Looking into facts and circumstances of the case, as per
Section 9 (1) of the Guardians and Wards Act, 1890, the original
petition should be filed before the court having jurisdiction
where the minor ordinarily resides. However, this case is an
exceptional case where the mother of the children finds some
difficulty in attending the case at the Family Court, Kannur. She
finds it more convenient to attend the Family Court at Kasargod.
Therefore, I am of the considered view that the objective of the
Court is to ensure the convenience of the litigants, rather than
creating difficulties for the parties in attending the proceedings.
Hence, the petitioner finds it much more convenient to attend
the Family Court at Kasargod rather than the Family Court at
Kannur.
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TR.P(C) NO. 362 OF 2025
9.Accordingly, the transfer petition is allowed.
O.P.( G & W) No:913/2025 before the Family Court, Kannur,
is hereby withdrawn and transferred to the Family Court,
Kasargod, to try and dispose of, in accordance with law.
The Family Court Kannur is directed to send the records to
the Family Court, Kasargod. The parties shall appear before the
Family Court, Kasaragod, without any further notice on
22.08.2025.
Sd/-
K. NATARAJAN
JUDGE
SJ
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TR.P(C) NO. 362 OF 2025
APPENDIX OF TR.P(C) 362/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF PETITION OF M.C NO.13 OF 2025
DATED 14.05.2025, PENDING BEFORE THE GRAMIN
NYAYALAY PARAPPA- WEST ELERI ,KASARGOD ALONG
WITH THE TRANSLATED COPY
Exhibit P2 A TRUE COPY OF THE PETITION OF O.P.( G & W)
913/2025 DATED 06.06.2025 PENDING BEFORE THE
FILE OF FAMILY COURT KANNUR
Exhibit P3 A TRUE COPY OF THE ‘POWER OF ATTORNEY'
DATED 06.05.2025 EXECUTED BY THE 1ST PETITIONER
IN THE NAME OF 2ND PETITIONER
