Kerala High Court
Merin Tomy @ Tomy Merin vs Amal Antony on 10 February, 2025
2025:KER:11542
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Tr.P(C) No.803 & Tr.P.(C) No.804 of 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
MONDAY, THE 10TH DAY OF FEBRUARY 2025 / 21ST MAGHA, 1946
TR.P(C) NO. 803 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OP NO.664 OF
2024 OF FAMILY COURT, KANNUR
PETITIONER:
MERIN TOMY @ TOMY MERIN
AGED 29 YEARS
D/O. TOMY MATHEW, PATTAMAN HOUSE,
KOTHANELLOOR P.O., KOTHANELLOOR VILLAGE,
VAIKOM TALUK, KOTTAYAM DISTRICT
REPRESENTED BY HER MOTHER AND
POWER OF ATTORNEY HOLDER
MARIYAMMA TOMY, W/O. TOMY MATHEW,
AGED 60 YEARS, PATTAMAN HOUSE,
KOTHANELLOOR P.O., KOTHANELLOOR VILLAGE,
VAIKOM TALUK, KOTTAYAM DISTRICT, PIN - 686632
BY ADVS.
P.C.HARIDAS
V. ARJUN
RESPONDENTS:
1 AMAL ANTONY
AGED 30 YEARS
S/O. ANTONY, THOTTUCHALIL HOUSE,
SREEKANDAPURAM, CHEMBANTHOTTI PO,
CHEMBANTHOTTI VILLAGE, THALIPARAMBA TALUK,
KANNOOR DISTRICT, PIN - 670631
2 ANTONY
AGED 60 YEARS
S/O. ROSAMMA, THOTTUCHALIL HOUSE,
SREEKANDAPURAM, CHEMBANTHOTTI PO,
CHEMBANTHOTTI VILLAGE, THALIPARAMBA TALUK,
KANNOOR DISTRICT, PIN - 670631
2025:KER:11542
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Tr.P(C) No.803 & Tr.P.(C) No.804 of 2024
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.02.2025, ALONG WITH Tr.P(C).804/2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:11542
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Tr.P(C) No.803 & Tr.P.(C) No.804 of 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
MONDAY, THE 10TH DAY OF FEBRUARY 2025 / 21ST MAGHA, 1946
TR.P(C) NO. 804 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OP NO.647 OF
2024 OF FAMILY COURT, KANNUR
PETITIONER:
MERIN TOMY @ TOMY MERIN
AGED 29 YEARS
D/O. TOMY MATHEW, AGED 29 YEARS,
PATTAMAN HOUSE, KOTHANELLOOR P.O.,
KOTHANELLOOR VILLAGE, VAIKOM TALUK,
KOTTAYAM DISTRICT REPRESENTED BY HER MOTHER
AND POWER OF ATTORNEY HOLDER MARIYAMMA TOMY,
W/O. TOMY MATHEW, AGED 60 YEARS,
PATTAMAN HOUSE, KOTHANELLOOR P.O.,
KOTHANELLOOR VILLAGE, VAIKOM TALUK,
KOTTAYAM DISTRICT, PIN - 686632
BY ADVS.
P.C.HARIDAS
V. ARJUN
RESPONDENT:
AMAL ANTONY
AGED 30 YEARS
S/O. ANTONY, THOTTUCHALIL HOUSE,
SREEKANDAPURAM, CHEMBANTHOTTI PO,
CHEMBANTHOTTI VILLAGE, THALIPARAMBA TALUK,
KANNOOR DISTRICT, PIN - 670631
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.02.2025, ALONG WITH Tr.P(C).803/2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:11542
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Tr.P(C) No.803 & Tr.P.(C) No.804 of 2024
ORDER
Dated this the 10th day of February, 2025
Both these transfer petitions are preferred seeking
for a permission to transfer O.P. Nos.664 and 647 of 2024
before the Family Court, Kannur to the Family Court,
Kottayam at Ettumanoor.
2. In both these Original Petitions, the petitioner
herein is the respondent. It is the case of the petitioner that
the marriage between the petitioner and the 1 st respondent
was solemnised on 17.09.2022, as per the religious rites and
ceremonies of the Christian community. After the marriage,
the petitioner and the respondent lived together as husband
and wife in the parental home of the respondent. It is the
case of the petitioner that due to the alleged physical
deformities of the 1st respondent, the marriage itself is not
consummated. The 1st respondent is not ready to undergo
any treatment. Thus there arose marital disputes between
the petitioner the 1st respondent and it was found that they
were not able to maintain the marital relationship, where she
preferred OP(Divorce) N0.43/2024 for dissolution of marriage
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Tr.P(C) No.803 & Tr.P.(C) No.804 of 2024
and for permanent alimony to the tune of Rs.50,00,000/-.
3. As a counter blast to that, the respondent has
filed O.P. Nos.664 and 647 of 2024 before the Family Court,
Kannur. One is for realisation of money and other is for
seeking restitution of conjugal rights.
4. The petitioner appeared before the Family Court,
Kannur in both the cases and participated in the proceedings.
When the cases were posted on 26.10.2024, the petitioner
could not appear before the Court and was set ex-parte, and
the matters were posted to ex-parte evidence on 07.11.2024.
The petitioner had already preferred application for setting
aside ex-parte orders in both the Original Petitions and it is
produced as Annexure A5 and Annexure A6.
5. The petitioner's residential address is
Kothanalloor in Kottayam District, and her power of attorney
holder is also residing in the same address. Since the
petitioner is employed at UK, her mother is looking after the
cases on her behalf and it will be quite difficult for her to
attend the matter at Kannur, on the capacity of her power of
attorney. In order to attend the Family Court, Kannur the
petitioner/power of attorney holder has to travel not less than
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Tr.P(C) No.803 & Tr.P.(C) No.804 of 2024
8 to 10 hours in one direction and has to depend upon more
than one person. Because of that, she has to start her
journey on the previous day and could reach back her home
after attending court only on the third day. This necessitates
her to either take a room in a hotel or lodge for her
accommodation and refreshment.
6. Finding all these inconveniences, she has
preferred the above applications before this Court to transfer
the matters from the Family Court, Kannur to Family Court,
Kottayam at Ettumanoor.. Though notice was served on the
1st respondent in both the cases, he has not chosen to enter
appearance before this Court.
7. I have gone through the contentions raised in the
transfer petitions and found that the petitioner is in much
inconvenience. The learned counsel for the petitioner
brought to my attention a reported decision in N.C.V.
Aishwarya v. A.S.Saravana Karthik Sha [2022 (5) KHC
185], wherein it is held that: 'given the prevailing
socioeconomic paradigm in Indian Society, generally, it is the
wife's convenience which must be looked at, while
considering transfer'. It is also held that 'when two or more
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Tr.P(C) No.803 & Tr.P.(C) No.804 of 2024
proceedings are pending in different courts between same
parties which raise common question of fact and law, and
when decisions in the cases are interdependent, it is
desirable that they should be tried together by the same
judge so as to avoid multiplicity in the trial of the same
issues and conflict of decisions.' In Soumya v. Abi [2024
KHC Online 10019], it is held that in matrimonial matters,
convenience of the wife is an aspect to be taken into
consideration, while fixing the forum for adjudication.
8. Having regard to the facts and circumstances
involved and also considering the decisions rendered supra, I
am of the considered opinion that the petitioner is entitled to
get the relief sought in the transfer petitions. Accordingly,
there will be a direction to transfer O.P. Nos.664 and 647 of
2024 pending before the Family Court, Kannur to the Family
Court, Kottayam at Ettumanoor.
The Transfer Petitions are allowed.
Sd/-
P.M.MANOJ
JUDGE
sss
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Tr.P(C) No.803 & Tr.P.(C) No.804 of 2024
APPENDIX OF TR.P(C) 804/2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE OP NO. 43/2024 ON
THE FILES OF THE FAMILY COURT,
KOTTAYAM AT ETTUMANNOOR FILED BY THE
PETITIONER
Annexure A2 TRUE COPY OF THE POWER OF ATTORNEY
EXECUTED BY THE PETITIONER IN FAVOUR
OF HER MOTHER
Annexure A3 TRUE COPY OF SUMMONS RECEIVED BY THE
PETITIONER IN OP NO. 664/2024 FROM
THE FAMILY COURT, KANNOOR
Annexure A4 TRUE COPY OF SUMMONS RECEIVED BY THE
PETITIONER IN OP NO. 647/2024 FROM
THE FAMILY COURT, KANNOOR
Annexure A5 TRUE COPY OF IA NO.2/2024 IN OPNO.
664/2024 FILED BY THE PETITIONER FOR
SETTING ASIDE THE EXPARTE ORDER
Annexure A6 TRUE COPY OF IA NO.2/2024 IN OPNO.
647/2024 FILED BY THE PETITIONER FOR
SETTING ASIDE THE EXPARTE ORDER
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Tr.P(C) No.803 & Tr.P.(C) No.804 of 2024
APPENDIX OF TR.P(C) 803/2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE OP (DIV) NO. 43/2024
ON THE FILES OF THE FAMILY COURT,
KOTTAYAM AT ETTUMANNOOR FILED BY THE
PETITIONER
Annexure A2 TRUE COPY OF THE POWER OF ATTORNEY
DATED 06/11/2023 EXECUTED BY THE
PETITIONER IN FAVOUR OF HER MOTHER
Annexure A3 TRUE COPY OF SUMMONS RECEIVED BY THE
PETITIONER IN OP NO. 664/2024 FROM
THE FAMILY COURT, KANNOOR
Annexure A4 TRUE COPY OF SUMMONS RECEIVED BY THE
PETITIONER IN OP NO. 647/2024 FROM
THE FAMILY COURT, KANNOOR
Annexure A5 TRUE COPY OF IA NO.2/2024 IN OPNO.
664/2024 FILED BY THE PETITIONER FOR
SETTING ASIDE THE EXPARTE ORDER
Annexure A6 TRUE COPY OF IA NO.2/2024 IN OPNO.
647/2024 FILED BY THE PETITIONER FOR
SETTING ASIDE THE EXPARTE ORDER
