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Kerala High Court
Anni G. Vaidyan vs John J. Mathew on 17 December, 2025
2025:KER:98263
Tr.P(C) Nos.624, 625, 626, 650 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K. NATARAJAN
WEDNESDAY, THE 17TH DAY OF DECEMBER 2025 / 26TH AGRAHAYANA, 1947
TR.P(C) NO. 624 OF 2025
AGAINST THE ORDER/JUDGMENT DATED IN OP NO.1128 OF 2023 OF FAMILY
COURT, ADOOR
PETITIONER/S:
ANNI G. VAIDYAN
AGED 39 YEARS
DAUGHTER OF K.G VAIDYAN -ALIAS- GEEVARGHESE K. VAIDYAN
PLAVILAYIL MONI VILLA, ADOOR P.O, PANNIVIZHA MURI, ADOOR
VILLAGE ADOOR TALUK, PATHANAMTHITTA DISTRICT [PRESENTLY
RESIDING AT: VILLA NO 2, EDEN GARDEN, ANNA PROPERTIES OPP
SBI BANK, PANANGAD, ERNAKULAM], PIN - 682506
BY ADVS.
SRI.BOBY MATHEW
SMT.K.MEERA
RESPONDENT/S:
JOHN J. MATHEW
AGED 42 YEARS
SON OF JOY K. MATHAI GRACELAND, THOTTERUMPIL HOUSE PARAKODE
P.O, ADOOR VILLAGE, ADOOR TALUK PATHANAMTHITTA DISTRICT,
PIN - 691554
BY ADV SRI.T.M.ABDUL LATHEEF
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.12.2025, ALONG WITH Tr.P(C).625/2025, 626/2025 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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Tr.P(C) Nos.624, 625, 626, 650 of 2025
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K. NATARAJAN
WEDNESDAY, THE 17TH DAY OF DECEMBER 2025 / 26TH AGRAHAYANA, 1947
TR.P(C) NO. 625 OF 2025
AGAINST THE ORDER/JUDGMENT DATED IN OPGW NO.1175 OF 2023 OF FAMILY
COURT, ADOOR
PETITIONER/S:
ANNI G. VAIDYAN
AGED 39 YEARS
DAUGHTER OF K.G VAIDYAN -ALIAS- GEEVARGHESE K. VAIDYAN
PLAVILAYIL MONI VILLA, ADOOR P.O, PANNIVIZHA MURI, ADOOR
VILLAGE ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN CODE: 691
523 [PRESENTLY RESIDING AT: VILLA NO 2, EDEN GARDEN, ANNA
PROPERTIES OPP SBI BANK, PANANGAD, ERNAKULAM], PIN - 682506
BY ADVS.
SRI.BOBY MATHEW
SMT.K.MEERA
RESPONDENT/S:
JOHN J. MATHEW
AGED 42 YEARS
SON OF JOY K. MATHAI GRACELAND, THOTTERUMPIL HOUSE PARAKODE
P.O, ADOOR VILLAGE, ADOOR TALUK PATHANAMTHITTA DISTRICT,
PIN - 691554
BY ADV SRI.T.M.ABDUL LATHEEF
2025:KER:98263
Tr.P(C) Nos.624, 625, 626, 650 of 2025
3
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.12.2025, ALONG WITH Tr.P(C).624/2025 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:98263
Tr.P(C) Nos.624, 625, 626, 650 of 2025
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K. NATARAJAN
WEDNESDAY, THE 17TH DAY OF DECEMBER 2025 / 26TH AGRAHAYANA, 1947
TR.P(C) NO. 626 OF 2025
AGAINST THE ORDER/JUDGMENT DATED IN OP NO.1319 OF 2023 OF FAMILY
COURT, ADOOR
PETITIONER/S:
ANNI G. VAIDYAN
AGED 39 YEARS
DAUGHTER OF K.G VARGHESE VAIDYAN AND WIFE OF JOHN JOY
MATHEW PLAVILAYIL MONI VILLA, PANNIVIZHA KANANKOTTU MURI
ADOOR P.O, ADOOR VILLAGE, ADOOR TALUK PATHANAMTHITTA
DISTRICT [PRESENTLY RESIDING AT: VILLA NO 2, EDEN GARDEN,
ANNA PROPERTIES OPP SBI BANK, PANANGAD, ERNAKULAM ], PIN -
682506
BY ADVS.
SRI.BOBY MATHEW
SMT.K.MEERA
RESPONDENT/S:
1 JOHN JOY MATHEW
AGED 42 YEARS
SON OF JOY K. MATHAI GRACELAND, PARAKODE MURI PARAKODE P.O,
ADOOR VILLAGE, ADOOR TALUK PATHANAMTHITTA DISTRICT,
[RESIDING AT OUT SYSTEM, LEVEL 29, OFFICE 2905 THE MARINE
PLAZA, DUBAI MARINA, P.B NO: 3653, DUBAI, UAE], PIN -
691554
2 JOY MATHAI
AGED 85 YEARS
GRACE LAND HOUSE, PARAKODE MURI ADOOR VILLAGE, ADOOR TALUK,
PARAKODE P.O PATHANAMTHITTA DISTRICT., PIN - 691554
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Tr.P(C) Nos.624, 625, 626, 650 of 2025
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3 ELIZEBATH JOY MATHAI
AGED 75 YEARS
WIFE OF JOY MATHAI GRACE LAND HOUSE, PARAKODE MURI ADOOR
VILLAGE, ADOOR TALUK, PARAKODE P.O PATHANAMTHITTA DISTRICT,
PIN - 691554
BY ADV SRI.T.M.ABDUL LATHEEF
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.12.2025, ALONG WITH Tr.P(C).624/2025 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:98263
Tr.P(C) Nos.624, 625, 626, 650 of 2025
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K. NATARAJAN
WEDNESDAY, THE 17TH DAY OF DECEMBER 2025 / 26TH AGRAHAYANA, 1947
TR.P(C) NO. 650 OF 2025
AGAINST THE ORDER/JUDGMENT DATED IN OS NO.91 OF 2023 OF ASSISTANT
SESSIONS COURT/SUB COURT / COMMERCIAL COURT, PATHANAMTHITTA
PETITIONER/S:
1 ANNI G. VAIDYAN
AGED 38 YEARS
DAUGHTER OF VARGHESE VAIDYAN PLAVILAYIL HOUSE, PANNIVIZHA,
ADOOR VILLAGE, ADOOR TALUK PATHANAMTHITTA DISTRICT
[PRESENTLY RESIDING AT: VILLA NO 2, EDEN GARDEN, ANNA
PROPERTIES OPP SBI BANK, PANANGAD, ERNAKULAM, PIN CODE: 682
506], PIN - 689644
2 VARGHESE VAIDYAN
AGED 80 YEARS
, SON OF VARGHESE PLAVILAYIL HOUSE, PANNIVIZHA, ADOOR
VILLAGE, ADOOR TALUK PATHANAMTHITTA DISTRICT, PIN - 689644
3 JOLLY VAIDYAN
AGED 75 YEARS
WIFE OF VARGHESE VAIDYAN PLAVILAYIL HOUSE, PANNIVIZHA,
ADOOR VILLAGE, ADOOR TALUK PATHANAMTHITTA DISTRICT, PIN -
689644
BY ADVS.
SRI.BOBY MATHEW
SMT.K.MEERA
RESPONDENT/S:
2025:KER:98263
Tr.P(C) Nos.624, 625, 626, 650 of 2025
7
1 JOHN JOY MATHEW
AGED 40 YEARS
SON OF JOY K. MATHAI GRACELAND, PARAKODU, ADOOR VILLAGE,
PARAKODU P.O ADOOR TALUK, PATHANAMTHITTA DISTRICT,
[REPRESENTED BY PA HOLDER 2ND PLAINTIFF JOY K MATHAI], PIN
- 691554
2 JOY K MATHAI
AGED 83 YEARS
SON OF MATHAI GRACELAND, PARAKODU, ADOOR VILLAGE, PARAKODU
P.O ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 691554
BY ADV SRI.T.M.ABDUL LATHEEF
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.12.2025, ALONG WITH Tr.P(C).624/2025 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:98263
Tr.P(C) Nos.624, 625, 626, 650 of 2025
8
JUDGMENT
Tr.P(C) No.624/2025 has been filed by the petitioner/wife for
transfer of O.P (DIV) No.1128/2023, filed by the respondent,
pending on the files of the Family Court Adoor.
2.Tr.P(C) No.625/2025 has been filed by the petitioner / wife
for transfer of OP (G&W) No.1175/2023, filed by the respondent,
pending on the files of the Family Court Adoor.
3.Tr.P(C) No.626/2025 has been filed by the petitioner / wife
for the transfer of O.P No.1319/2023, filed by the petitioner,
pending on the files of the Family Court Adoor.
4.Tr.P(C) No.650/2025 has been filed by the petitioner / wife
for the transfer of O.S No.91/2023, filed by the respondent,
pending on the files of the Sub Court, Pathanamthitta.
5.The petitioner wants to transfer all these petitions from
the respective courts, to the Family Court, Ernakulam.
6.Heard the learned counsel for the petitioner as well as the
learned counsel for the respondent.
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7.The case of the petitioner is that the petitioner married
the respondent and have two children. Previously, they were
staying in Dubai, wherein the children were also pursuing their
studies. Thereafter, due to the matrimonial dispute, both were
residing separately. It is stated that both parties are permanent
residents of Adoor in Pathanamthitta District.
8.The respondent filed O.P. No.1128/2023 before the Family
Court, Adoor, seeking divorce on various grounds, which is
presently pending. The very same petitioner filed another
petition O.P 1173/2023 before the Family Court, Adoor, seeking
custody of Children. Further, the respondent and his father are
stated to have filed O.S. No.91/2023 before the Sub Court,
Pathanamthitta, seeking compensation against the petitioner,
alleging malicious prosecution. The very same petitioner / wife
filed another O.P 1319/2023 before the Family Court, Adoor,
against the respondent seeking a permanent prohibitory
injunction restraining the respondent / defendant from removing
the children from the custody of the petitioner. All these cases
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are pending before the Family Court, Adoor and one suit is
pending before the Sub Court, Pathanamthitta.
9.The learned counsel for the petitioner has contended that
previously the petitioner was staying in Adoor, but she has now
shifted her residence to Ernakulam, along with the children. The
children have been admitted to GEMS International School,
Ernakulam, which is a branch of the same school in Dubai where
they were previously studying. The children are presently in the
custody of the petitioner; therefore, the petitioner is unable to
travel from Ernakulam to Adoor to attend the proceedings.
10.It is further contended that, in view of Section 9(1) of the
Guardians and Wards Act, 1890, a petition relating to the custody
of a minor ought to be filed before the court within whose
jurisdiction the child ordinarily resides. Since the petitioner and
the children are presently residing at Ernakulam. Therefore, the
GOP pending before the Family Court, Adoor, are liable to be
transferred to the Family Court, Ernakulam.
11. It is also contended that the petitioner/wife also filed a
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maintenance case, which is numbered as M.C No 69/2024,
previously filed before the Family Court Adoor, thereafter as per
the order passed by the High Court in Tr.P(Crl.) No.106/2025,
now stands transferred to the Family Court, Ernakulam.
Therefore, for the convenience of both parties, it is prayed that
all the connected cases be transferred to and tried by the Family
Court, Ernakulam.
12.Per contra, the learned counsel for the respondent
strenuously objected to the petition mainly on the ground that
both parties are residents of Adoor and, therefore the cases have
been filed before the Family Court, Adoor. It is further submitted
that in the O.P.(Divorce) filed by the respondent/husband, he has
already completed his evidence and there is no objection from
the petitioner to the grant of divorce. In such circumstances, the
divorce petition is likely to be disposed of now. It is argued that
if the matter is transferred to the Family Court, Ernakulam, it
would result in further delay in the disposal of the divorce
proceedings.
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13.The learned counsel for the respondent further
contended that the respondent is represented by his father as his
Power of Attorney holder, who is an aged person and is unable to
travel from Adoor to Ernakulam. He has filed a suit seeking
compensation on the ground of malicious prosecution therefore,
he is unable to travel for long distance. It is further argued that
the petitioner has already obtained an interim order in G.O.P.
No.1175/2023 granting visitation rights to the respondent, as
ordered by this Court. If the proceedings are transferred, it may
affect the effective implementation of the visitation rights already
granted and the respondent's request for interim custody of the
children during the upcoming Christmas vacation. Hence prayed
for dismissal of the petitions.
14. Having heard the arguments and perused the records.
15. The point that arises for my consideration is;
1)Whether the petitioner made out a ground
for transferring all the above-said four cases
to the Family Court, Ernakulam?.
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16.On perusal of the records, the relationship between the
parties is not in dispute. The parties were earlier residing at
Adoor, within the jurisdiction of the Family Court, Adoor. Due to
the dispute, they are residing separately. The
respondent/husband filed O.P. No.1128/2023 before the Family
Court, Adoor, seeking divorce, in which he has already adduced
his evidence. However, the matter has not attained finality as the
petitioner has not yet led her evidence. It is submitted that the
case is likely to be disposed of once the petitioner adduces
evidence, and that she has no objection to the grant of a decree
of divorce.
17. GOP No.1175/2023, which is filed by the respondent
before the Family Court, Adoor, at the children were residing
within the jurisdiction of that court. Subsequently, the petitioner
shifted her residence from Adoor to Ernakulam along with the
children. It is stated that the children have been admitted to
GEMS International School, Ernakulam, which is a branch of the
same school where they were studying in Dubai. It is further
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stated that after the petitioner and children came to India, the
respondent cancelled their visas, following which the petitioner
shifted her residence to Ernakulam for the purpose of the
children's education.
18. Therefore, in view of Section 9(1) of the Guardians and
Wards Act, 1890, petitions relating to custody of minor children
are required to be tried by the court within whose jurisdiction the
children ordinarily reside. It is also pertinent to note that the
respondent obtained visitation rights by filing an interlocutory
application, pursuant to which the Family Court, Adoor, granted
an interim order permitting visitation on every second Saturday
between 10:00 a.m. and 4:00 p.m.
19. Subsequently, the very petitioner filed an OP(FC)
587/2025 before the High Court, wherein the Division Bench of
the High Court, modified the order of the Family Court, Adoor, to
hand over custody of the children to the respondent at
Ernakulam, where the petitioner is presently residing. In view of
the modification of the visitation order by the Division Bench, the
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respondent is entitled to have visitation with the children at
Ernakulam, where the children are also presently studying. In
such circumstances, the respondent's right of visitation will not
be defeated even if the proceedings are transferred from the
Family Court, Adoor, to the Family Court.
20.The Family Court, Ernakulam, has also permitted them
to continue the visitation rights as granted by the Division Bench
of this Court in its modified order. In view of this, the contention
of the respondent that the G.O.P. should not be transferred from
the Family Court, Adoor, to the Family Court, Ernakulam, cannot
be accepted.
21.With regard to the other cases, the petitioner has filed a
petition for a permanent prohibitory injunction restraining the
respondent from removing the children from her custody. This
petition is only consequential, as the respondent has already filed
G.O.P. No.1175/2023 seeking custody of the children. In view of
this, the injunction petition should also be transferred to the
Family Court, Ernakulam, to be tried along with G.O.P.
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Tr.P(C) Nos.624, 625, 626, 650 of 2025
No.1175/2023.
22.As regards the suit filed by the respondent in OS 91/2023
seeking compensation against the petitioner for malicious
prosecutions. It is admitted that the dispute arose from the
matrimonial relationship between the parties. The Sub Court,
Pathanamthitta, wherein the suit was filed, has no jurisdiction
over matrimonial disputes, the Family Court has jurisdiction
under Section 7(1) of the Family Courts Act. Therefore, the suit
filed before the Sub Court, Pathanamthitta, is not maintainable
there and ought to be transferred to the Family Court,
Ernakulam, which has proper jurisdiction.
23.Though, the learned counsel for the respondent has
contended that the respondent is appearing through his power of
attorney holder, who is his father and a senior citizen. It is noted
that the respondent himself is admittedly residing in Dubai and
visits India only occasionally. Only the power of attorney holder
is conducting the case. If the case is transferred, the Power of
Attorney holder cannot claim inability to attend. If he is unable to
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appear, the respondent himself can conduct the proceedings.
Therefore, the petitions cannot be dismissed.
24.Looking at the overall circumstances, the fact that the
evidence in the divorce petition has been completed is not a
ground to reject the transfer petitions. For purposes of
convenience, even the respondent can travel to Ernakulam, and
he presently has to travel to Pathanamthitta via Ernakulam.
Therefore, transferring the cases would be convenient for both
parties.
25. Accordingly, I am of the view that the petitioner has
made out a case for transferring all four cases to the Family
Court, Ernakulam.
26.Accordingly, all these transfer petitions are allowed.
27.O.P (DIV) No.1128/2023, OP (G&W) No.1175/2023, O.P
No.1319/2023, pending on the files of the Family Court, Adoor &
O.S No.91/2023, pending on the files of the Sub Court
Pathanamthitta is hereby withdrawn and transferred along with
the petition which was already transferred by this court to the
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Family Court, Ernakulam.
The Family Court Adoor, and the Sub Court, Pathanamthitta,
are hereby directed to transmit the files immediately to the
Family Court, Ernakulam. The Family Court, Ernakulam, shall
take up the matters and continue the interim visitation rights
granted by the Family Court, Adoor, as modified by the High
Court in the O.P.(FC) case. The petitioner is also directed to allow
the respondent to see the children in accordance with the order
of the High Court.
Sd/-
K. NATARAJAN
JUDGE
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Tr.P(C) Nos.624, 625, 626, 650 of 2025
APPENDIX OF TR.P(C) NO. 624 OF 2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF OP 1128 OF 2023 PENDING BEFORE THE
HON'BLE FAMILY COURT, ADOOR
RESPONDENT ANNEXURES
Annexure R1(b) Photograph showing the way in which looking after
my family and my children,
Annexure R1(c) Photograph showing The way in which looking after
my family and my children
Annexure R1(d) Copy of the petition filed in M.C.No 69/2024
Annexure R1(a) opy of the objection filed by the petitioner
herein in Annexure-A1 petition
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APPENDIX OF TR.P(C) NO. 625 OF 2025
RESPONDENT ANNEXURES
Annexure Power of Attorney
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF OP (G&W) 1175 OF 2023 PENDING BEFORE
THE HON'BLE FAMILY COURT, ADOOR
RESPONDENT ANNEXURES
Annexure R1(a) Photograph showing affirmity towards my children
Annexure R1(b) Photograph showing affirmity towards my children
Annexure R1(c) Copy of the order thus passed in our petition in
OP No.1175 of 2023 of the Family Court, Adoor
Annexure R1(d) Copy of the judgment in OP(FC)No.483/2024
Annexure R1(e) Copy of the medical certificate issued by
Dr.Sivadas of Holy Cross Hospital
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APPENDIX OF TR.P(C) NO. 626 OF 2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF OP 1319 OF 2023 PENDING BEFORE THE
HON'BLE FAMILY COURT, ADOOR
RESPONDENT ANNEXURES
Annexure R1 COPY OF THE INTERIM APPLICATION FOR CUSTODY OF
THE CHILDREN BY NAME, SON RYAN MATHEW, AGED 12
YEARS AND DAUGHTER RUTH MATHEW, AGED 6 YEARS, AS
I.A.NO.26/2025 IN GOP NO.1175/2023 FILED BEFORE
THE FAMILY COURT, ADOOR
Annexure R2 b Copy of the order in GOP 1175/2023 dated 8.10.2025
Annexure R2 a Copy of the objection filed by the petitioner in
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APPENDIX OF TR.P(C) NO. 650 OF 2025
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE PLAINT IN OS 91 OF 2023 PENDING
BEFORE THE HON'BLE SUB COURT, PATHANAMTHITTA
