Kerala High Court
Mr. Monu J Koshy vs Mrs. Anju Monu Koshy on 5 March, 2025
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TR.P.(C) NO.665 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
WEDNESDAY, THE 5TH DAY OF MARCH 2025 / 14TH PHALGUNA, 1946
TR.P.(C) NO.665 OF 2024
(AGAINST THE ORDER/JUDGMENT IN OP(DIV.) NO.1197 OF 2024
OF FAMILY COURT, KANNUR)
PETITIONER/RESPONDENT IN O.P.(DIV.) No.1197/2024:
MR. MONU J KOSHY, AGED 46 YEARS, S/O. JOSEPH KOSHY,
PRESENTLY RESIDING AT 14/221-Y, PUTHUCHIRA VAXHIYIL,
NEAR COCHIN SPECIAL ECONOMIC ZONE, KAKKANAD, THRIKAKARA,
ERNAKULAM, PIN - 682 037
BY ADVS.
BHARATH MURALI
MANU NAIR G.
SIDHARTH MURALI
AJAY SANKAR
RESPONDENT/PETITIONER IN O.P.(DIV.) No.1197/2024:
MRS. ANJU MONU KOSHY, W/O. MONU KOSHY, AGED 43 YEARS,
AT 14/257 D, 6E EAWOOD ANCHOR, CHITTETHUKARA, KAKKANAD,
COCHIN SPECIAL ECONOMIC ZONE, ERNAKULAM,
KERALA, PIN - 682 037
BY ADVS.
ENOCH DAVID SIMON JOEL
S.SREEDEV(K/1219/2006)
RONY JOSE(K/705/2012)
LEO LUKOSE(K/001131/2016)
KAROL MATHEWS SEBASTIAN ALENCHERRY(K/126/2010)
DERICK MATHAI SAJI(K/1901/2021)
KARAN SCARIA ABRAHAM(K/003189/2023)
ITTOOP JOY THATTIL(K/2716/2024)
K.A.LALAN(K/000187/1982)
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.10.2024, THE COURT ON 05.03.2025 DELIVERED THE FOLLOWING:
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ORDER
(Dated: 5th March, 2025)
The petitioner is the husband of the respondent. The respondent
filed O.P.(Div.) No.1197 of 2024, seeking a decree for divorce at Kannur
Family Court.
2. Brief facts of the case are that the marriage between the
parties was solemnized on 28.06.2007 at CSI Christ Church,
Elamkulam, as per the CSI community rites and ceremonies. At the
time of marriage, the petitioner was working as a sales manager at
ICICI Bank, Ernakulam, and later he resigned from the job and joined
IDBI Bank as Manager. The petitioner is presently working in the said
bank at Edappally branch in Ernakulam district.
3. The respondent worked as an Assistant Manager at HDFC
Bank till 2017 (10 years), and now she is working as Senior Manager
and Branch head of Vaduvocode Branch of HDFC Bank in Ernakulam
District. Two children were born out of the wedlock, aged 15 and 13
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respectively, studying in Naipunya Pubic School at Seaport-Airport
Road, Thrikakkara, Kakkanad, Ernakulam. The initial years of
cohabitation between them were going smoothly, later due to
differences of opinion, the respondent started to quarrel and argue
with an indifferent attitude towards the petitioner's parents, and his
relatives. Therefore, the respondent filed a petition under the
Domestic Violence Act bearing M.C.No.14 of 2024 before the Judicial
First Class Magistrate Court, Kakkanad. At the same time O.P.(Div.)
No.1197 of 2024 was filed before the Family Court, Kannur, seeking a
decree of divorce.
4. The case of the petitioner is that the petitioner,
respondent, and the children are now residing in Ernakulam and the
marriage was solemnized in Ernakulam. The jurisdiction is vested with
the Family Court, Ernakulam, and not with that of the Family Court,
Kannur. Therefore, he seeks a transfer of O.P.(Div.) No.1197 of 2024 of
the Family Court, Kannur to Family Court, Ernakulam.
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5. A counter affidavit is filed by the respondent, wherein the
contention that after the marriage they were residing at the
matrimonial house at Kakkanad, Ernakulam, is false. A prohibitory
order is passed against the petitioner from entering the marital home
while granting bail in Crime No.408 of 2024, registered by Thrikkakara
police station under Sections 323, 294(b), and Section 75 of the
Juvenile Justice Act. Police after investigation laid a final report and
the case was numbered as C.P.No.46 of 2024, pending before the
Judicial First Class Magistrate Court, Kakkanad. Since the petitioner
has violated bail conditions No.2 and 5, an application for cancelling
the bail is pending consideration.
6. An application under Section 12 of the Domestic Violence
Act is also filed and an ex-parte interim order is passed restraining the
petitioner and his family members from entering the residential
premises, and the school where the children are studying.
7. The petitioner was admitted to a De-addiction center for
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alcoholic treatment. The permanent residence of the respondent is at
Kannur and is now stationed at Ernakulam, only for employment and
for the studies of the children. O.P.(Div.) No.1197 of 2024 is filed at
Kannur because the respondent intends to move back to Kannur and
prayed for the dismissal of the original petition.
8. The counsel for the respondent relied on the judgment of
the Apex court in N.C.V. Aishwarya v. A.S.Saravana Karthik Sha (AIR
2022 (SC) 4318), in which the apex court held that,
"The cardinal principle for exercise of power under Section 24
of the Code of Civil Procedure is that the ends of justice should
demand the transfer of the suit, appeal or other proceeding.
In matrimonial matters, wherever Courts are called upon to
consider the plea of transfer, the Courts have to take into
consideration the economic soundness of both the parties,
the social strata of the spouses and their behavioural pattern,
their standard of life prior to the marriage and subsequent
thereto and the circumstances of both the parties in eking out
their livelihood and under whose protective umbrella they are
seeking their sustenance to life. Given the prevailing socio-
economic paradigm in the Indian society, generally, it is the
wife's convenience which must be looked at while considering
transfer."
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9. She also prayed that, since he is an alcoholic person and is
threatening her life, the transfer petition may be dismissed.
10. It is not in dispute that the petitioner as well as the
respondent are now employed in different banks at Ernakulam, and
the children also study therein. There is a domestic violence case
against the petitioner and restraining orders are also passed. Merely
because the respondent apprehends that there will be a danger at the
hands of the petitioner, if it stands in the Family Court, Kannur, cannot
be grounds for a transfer petition.
11. Taking into consideration the inconvenience of both parties
travelling from Ernakulam to Kannur, to appear before the Family
Court to attend the court proceedings, is not in the interest of both
parties and also the fact that at present both parties are working at
Ernakulam, I deem it appropriate to transfer O.P.(Div.) No.1197 of 2024
of the Family Court, Kannur to Family Court, Ernakulam.
12. Since the respondent has serious apprehension that there
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will be a threat from the petitioner, I direct the court below to exempt
the respondent from personal appearance except where it is highly
necessary for mediation as well as for defence evidence.
In the result, Tr.P.C.No.665 of 2024 is allowed, withdrawing
O.P.(Div.) No.1197 of 2024 is pending before the Family Court, Kannur,
and transferring it to the Family Court, Ernakulam. The Family Court,
Kannur, shall transfer the records to the Family Court, Ernakulam,
immediately. The parties are directed to appear before the Family
Court, Ernakulam, on 20.04.2025.
Sd/-
BASANT BALAJI,
JUDGE
ss
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APPENDIX OF TR.P(C) 665/2024
PETITIONER ANNEXURES
Annexure I THE TRUE COPY OF THE MARRIAGE INVITATION CARD
Annexure II A TRUE COPY OF THE MARRIAGE CERTIFICATE DATED
07.12.2009 ISSUED BY THE REGISTRAR OF COCHIN
CORPORATION
Annexure III TRUE COPY OF THE NOTICE RECEIVED FROM FAMILY COURT,
KANNUR IN O.P.(DIV)NO.1197 OF 2024 TO THE
PETITIONER
RESPONDENT ANNEXURES
Annexure R1(a) True copy of the FIR dated 26.03.2024 in Crime No.
408/2024 of Thrikakkara Police Station.
Annexure R1(b) True copy of the bail order dated 03.04.2024 in
Crime No. 408/2024 of Police Station, Thrikakkara.
Annexure R1(c) True copy of the Final Report in CP No. 46/2024
dated 26.03.2024 pending before Judicial First
Class Magistrate's Court Kakkanad.
Annexure R1(d) True copy of the application dated 23.11.2024
filed by Respondent
Annexure R1(e) A true copy of the bail cancellation report
produced before the Hon'ble Judicial First Class
Magistrate's Court, Kakkanad on 01.04.2024 in
Crime No.408/2024.
Annexure R1(f) True copy of the order in Crl.M.P No. 936/2024 in
M.C. No.14/2024 on 23.09.2024
Annexure R1(g) A true copy of the daily case status in M.C.14/2024
dated 23.11.2024.
Annexure R1(h) A true copy of the discharge summary dated
10.11.2023 issued from Leela Hospital, Putupally,
Kottayam.
Annexure R1(j) A true copy of the FIR in Crime No. 1007/2024.
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Annexure R1(k) A true copy of the Aadhar card numbered
‘839266212316'.
Annexure R1(i) A true copy of the complaint dated 08.11.2024
submitted by the Petitioner before the Ambalamedu
Police Station.
