Partly allowed

Sheeba Peter @ Sheeba Soman v. Peter Kolamala Babu

Kerala HC25 Nov 2019Tr.P(C)/502/2019

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the wife's transfer petition to move her divorce case from Family Court, Pala, to Family Court, Pathanamthitta. The court dismissed the husband's petition to transfer his maintenance case, finding it would prejudice the wife who has a minor child. An exemption from personal appearance was granted to the husband in the transferred proceedings.

What did the court decide?

Transfer initiated for Op. No. 323 of 2019 from Family Court, Pala, to Family Court, Pathanamthitta. Transfer for M.C. No. 175 of 2019 denied. Husband exempted from personal appearance in the transfer

Sheeba Peter @ Sheeba Soman Vs Peter Kolamala… — Child Custody and Guardianship | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

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MONDAY, THE 25TH DAY OF NOVEMBER 2019 / 4TH AGRAHAYANA, 1941

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Tr.P(C).No.502 OF 2019

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OPDIV 323/2019 OF FAMILY COURT, PALA

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PETITIONER/S:

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SHEEBA PETER @ SHEEBA SOMAN AGED 39 YEARS, D/O.SIMON GEEVARGHESE @ SOMAN, RESIDING AT EBENEZER PUTHENVEEDU, MANAKKALA P.O, ADOOR VILLAGE, ADOOR TALUK, PATHANAMTHITTA-691551

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BY ADVS. SRI.JACOB P.ALEX SRI.JOSEPH P.ALEX SHRI.MANU SANKAR P.

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RESPONDENT/S:

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PETER KOLAMALA BABU AGED 38 YEARS

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S/O.BABU THOMAS, RESIDING AT KOLAMALA VEEDU, KANAM.P.O, VIZHOOR VILLAGE, CHANGANASSERY TALUK, PIN-686515

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R1 BY ADV. SRI.A.K.ALEX

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.11.2019, ALONG WITH Tr.P(C).601/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Case No. Tr.PC() 502 & 601/19

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

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MONDAY, THE 25TH DAY OF NOVEMBER 2019 / 4TH AGRAHAYANA, 1941

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Tr.P(C).No.601 OF 2019

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MC 175/2019 OF FAMILY COURT, PATHANAMTHITTA

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PETITIONER/S:

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PETER KOLAMALA BABU AGED 38 YEARS

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S/O BABU THOMAS,RESIDING AT KOLAMALA VEEDU, KANAM.P.O,VIZHOOR VILLAGE,CHANGANASSERY TALUK,PIN-686515.

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BY ADV. SRI.A.K.ALEX

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RESPONDENT/S:

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SHEEBA PETER @ SHEEBA SOMAN D/O SIMON GEEVARGHESE @ SOMAN, RESIDING AT EBENEZER PUTHENVEEDU, MANAKKALA.P.O,KUNNATHUR,ADOOR VILLAGE, ADOOR TALUK,PATHANAMTHITTA-691551.

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R1 BY ADV. SRI.JACOB P.ALEX

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R1 BY ADV. SRI.JOSEPH P.ALEX R1 BY ADV. SHRI.MANU SANKAR P.

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.11.2019, ALONG WITH Tr.P(C).502/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Case No. Tr.PC() 502 & 601/19

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O R D E R

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Transfer Petition No.502 of 2019 has been filed by the wife praying for transferring O.P. No.323 of 2019 on the files of the Family Court, Pala to the Family Court, Pathanamthitta and Transfer Petition No.601 of 2019 has been filed by the husband praying for transferring O.P. No.175 of 2019 on the files of the Family Court, Pathanamthitta to the Family Court, Pala.

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Heard.

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The wife is admittedly having no job or other source of income for her livelihood. She is having a minor daughter aged 13 years to be looked after. The minor daughter is residing with the wife in Adoor Taluk within the jurisdiction of the Family Court, Pathanamthitta. The contention of the wife is that the Family Court, Pala is situated nearly 85 km away from her residence and hence, she finds it very difficult to attend the Family Court at Pala travelling all the way from her residence along with her minor child aged 13 years, particularly when there is

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Case No. Tr.PC() 502 & 601/19

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nobody to accompany her to the Family Court, Pala.

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The contention of the husband is that he

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sustained damage to his brain in an accident while he was working abroad and hence, he is not able to travel all the way from his residence in Kanam in Changanasserry Taluk to the Family Court, Pathanamthitta. The husband also produced some documents to indicate that the husband sustained some injuries. It is not disputed that the distance to the Family Court, Pala from the residence of the husband is about 30 km. It is also not disputed that the distance to the Family Court, Pathanamthitta is nearly 39 km from his residence. The husband has sought for transferring the M.C. pending before the Family Court, Pathanamthitta to the Family Court, Pala. If the husband can travel 30 kms to attend the Family Court, Pala, I do not understand the logic behind in contending that he is not in a position to travel 9 kms more to reach the Family Court, Pathanamthitta. In view of the above, I am not able to accept the contention of the husband that he is not in a position to travel from his house in Changangassery Taluk to the Family Court,

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Case No. Tr.PC() 502 & 601/19

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Pathanamthitta. On the other hand, the distance of the Family court, Pala is nearly 85 km from the house of the wife. That apart, the minor child is also residing in Adoor Taluk with the wife. The above M.C. was filed by the daughter and the wife. Since the daughter is a minor, her interest has to be protected by this court. Having gone through the relevant inputs, I am of the view that transferring O.P. No.323 of 2019 on the files of the Family Court, Pala to the Family Court, Pathanamthitta will be convenient to the wife. I am further satisfied that if the above O.P. is transferred to the Family Court, Pathanamthitta, no prejudice will be caused to the husband. That apart, the above transfer is necessary to protect the interest of the minor daughter aged 13 years. For the above said reasons, the transferring of M.C. No.175 of 2019 to the Family Court, Pala will cause serious prejudice to the wife and daughter. In view of the above, I am inclined to transfer O.P. No.323 of 2019 on the files of the Family Court Pala to the Family Court, Pathanamthitta for the trial and disposal, in accordance with law. It is ordered

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Case No. Tr.PC() 502 & 601/19

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accordingly. However, for the reasons already stated, I am not inclined to transfer M.C. No.175 of 2019 on the files of the Family Court, Pathanamthitta to the Family Court, Pala.

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In the result, Transfer Petition No.502 of 2019 stands allowed and Transfer Petition No.601 of 2019 stands dismissed.

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The case records shall be transmitted to the transferee court forthwith.

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The parties shall appear before the transferee court on 20.12.2019 without further notice.

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On the request of the learned counsel for the husband, it is directed that the husband shall be granted exemption from personal appearance before the transferee court on all posting dates, except when his presence is necessary for the progress of the case, if he is duly represented by a lawyer before the court.

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B. SUDHEENDRA KUMAR, JUDGE .

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dl/

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Case No. Tr.PC() 502 & 601/19

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APPENDIX OF Tr.P(C) 502/2019

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PETITIONER'S/S EXHIBITS:

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ANNEXURE 1 TRUE COPY OF OP(DIV)323/2019 FILED BY THE RESPONDENT/HUSBAND BEFORE THE FAMILY COURT, PALA. ANNEXURE 2 TRUE COPY OF MC.NO.175/2019 FILED BY THE PETITIONER/WIFE BEFORE THE FAMILY COURT, PATHANAMTHITTA.

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RESPONDENTS EXHIBITS : NIL

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Case No. Tr.PC() 502 & 601/19

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APPENDIX OF Tr.P(C) 601/2019

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PETITIONER'S/S EXHIBITS:

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ANNEXURE 1 TRUE COPY OF THE COMPLAINT DATED 07.04.2018 SUBMITTED BY PETITIONER TO THE SUB INSPECTOR OF POLICE,PALLIKKATHODU.

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ANNEXURE 2 TRUE COPY OF THE DIVORCE O.P.NO.323/2019 NOW PENDING BEFORE FAMILY COURT,PALA.

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ANNEXURE 3 TRUE COPY OF M.C.NO.175/2019 FILED BY RESPONDENT BEFORE FAMILY COURT,PATHANAMTHITTA.

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ANNEXURE 4 THE FINAL REPORT(DISCHARGE SUMMARY)DATED 4.10.2017 ISSUED BY DR.SUBRATA SAHA AND DR.SATHEESH KRISHNAN.

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ANNEXURE 5 TRUE COPY OF THE CERTIFICATE ISSUED FROM THE GOVERNMENT MEDICAL COLLEGE HOPITAL, KOTTAYAM DATED 18.12.2018.

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ANNEXURE 6 TRUE COPY OF THE SUMMARY AND DISCHARGE RECORD ISSUED FROM INDO AMERICAN HOSPITAL,BRAIN AND SPINE CENTRE,CHEMMANKARY,VAIKKOM.

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ANNEXURE 7 TRUE COPY OF THE CERTIFICATE DATED 28.08.2019 ISSUED BY DR.V.M.VIDYADHARAN, MEDICAL OFFICER,MERCY NURSING HOME,KARUKACHAL. RESPONDENTS EXHIBITS : NIL

Sheeba Peter @ Sheeba Soman v. Peter Kolamala Babu

Case brief

What is this about?

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Sheeba Peter @ Sheeba Soman v. Peter Kolamala Babu

Case brief

What is this about?

What did the court decide?

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