Allowed

Rani Mol Thomas v. Roy P.Thomas

Kerala HC1 Jun 2022Tr.P(C)/478/2021

Case brief

AI extract

What is this about?

This Transfer Petition is allowed. The High Court, appreciating the convenience of the wife residing 50km from the Mavelikkara court, transferred O.P.(Div.) No.360 of 2021 and O.P.(G&W) No.25 of 2021 from the Family Court, Mavelikkara to the Family Court, Kottayam at Ettumanoor.

What did the court decide?

Transfer of O.P.(Div.) No.360 of 2021 and O.P.(G&W) No.25 of 2021 from Family Court, Mavelikkara to Family Court, Kottayam at Ettumanoor.

Rani Mol Thomas Vs Roy P.Thomas — Matrimonial and Divorce | Kerala HC (2022)

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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 BASANT BALAJI

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WEDNESDAY, THE 1^ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944 TR.P.(C) NO.478 OF 2021

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(SEEKING TRANSFER OF OP(DIV) 360/2021 OF FAMILY COURT, MAVELIKKARA TO FAMILY COURT, KOTTAYAM AT ETTUMANOOR)

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PETITIONER/PETITIONER IN O.P(DIV.) NO.360/2021/

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RESPONDENT IN O.P.(G&W) No.25/2021:

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RANI MOL THOMAS, AGED 35 YEARS, D/O.K.K.THOMAS, KOCHUKADUKUMBHAGATH HOUSE, SOUTH PAMPADY P.O., KOTTAYAM DISTRICT - 686 521.

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BY ADV V.P.MOHAMMED NIYAZ

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RESPONDENT/RESPONDENT IN O.P(DIV.) NO.360/2021/

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PETITIONER IN O.P.(G&W) No.25/2021:

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ROY P.THOMAS, AGED 40 YEARS, S/O.P.K.THOMAS, VALUPURAYIDATHIL HOUSE, KALLIMEL P.O., MAVELIKKARA TALUK, ALAPPUZHA DISTRICT - 690 509. BY ADVS. SRI.H.JAWHAR SRI.A.MUJEEB REHUMAN

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Tr.P.(C) No.478 of 2021

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ORDER

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(Dated :1^st June, 2022)

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This Transfer Petition is filed by the

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petitioner/wife, seeking transfer of O.P.(Div.)No.360 of 2021 and O.P.(G&W) No.25 of 2021 pending before the Family Court, Mavelikkara to the Family Court, Kottayam at Ettumanoor.

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As per the decision reported in ( 2016(1) KHC 678) : Dhanu Joby @ Dhanu Shaji v. Joby Cheriyan & Another , the petitioner deleted the original prayer to transfer O.P.(G&W)No.25 of 2021 and has filed I.A.No.3 of 2021 seeking transfer of O.P.(G&W)No.25 of 2021 from

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the Family Court, Mavelikkara to the Family Court, Kottayam at Ettumanoor.

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The petitioner/wife filed O.P.(Div.)No.360 of 2021 before the Family Court, Mavelikkara, seeking

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Tr.P.(C) No.478 of 2021

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dissolution of marriage. The respondent filed O.P. (G&W)No.25 of 2021 before the Family Court, Mavelikkara to declare him as guardian and allow him the permanent custody of the minor child. The petitioner also filed O.P.No.348 of 2021 before the Family Court, Kottayam at Ettumanoor and M.C.No.69 of 2021 seeking maintenance.

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The case of the petitioner is that, the Family Court, Mavelikkara is 50 kilometers away from the house where the petitioner resides. The petitioner's father is no more and she is residing with mother, who is suffering from several diseases and there is no one to accompany her to the Family Court, Mavelikkara to contest the case. The respondent is residing at Alappuzha.

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Notice issued from this court has been served on the respondent and none appears for him.

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Appreciating all the facts and circumstances of

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Tr.P.(C) No.478 of 2021

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the case as well as the grounds raised, I am of the opinion that the petitioner is entitle to succeed. Moreover, as held by the Hon'ble Supreme Court in Sumita Singh v. Kumar Sanjay and another [(2001) 10 SCC 41], Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi [(2005) 12 SCC 237] and a plethora of other decisions, in transfer petitions arising from matrimonial cases, convenience of the wife should be preferred over that of the husband.

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In the result, the Transfer Petition No.478 of 2021 is allowed and O.P.(Div.)No.360 of 2021 and O.P. (G&W)No.25 of 2021 pending before the Family Court, Mavelikkara is withdrawn and transferred to the Family Court, Kottayam at Ettumanoor. The Family Court, Mavelikkara is directed to transmit the records immediately to the Family Court, Kottayam at Ettumannor and on receipt of the records, the Family Court, Kottayam at Ettumanoor, shall issue fresh notice to both

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Tr.P.(C) No.478 of 2021

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the parties and dispose of the case in accordance with law.

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Transfer Petition is allowed.

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Sd/- BASANT BALAJI, JUDGE

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Tr.P.(C) No.478 of 2021

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APPENDIX OF TR.P(C) 478/2021

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PETITIONER ANNEXURES

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Annexure A	TRUE COPY OF O.P.(DIV) NO.360 OF 2021 ON
	THE FILE OF THE FAMILY COURT, MAVELIKKARA
	DATED 3/3/2021 FILED BY PETITIONER HEREIN.
Annexure B	TRUE COPY OF O.P.(G&W) NO.25 OF 2021 ON THE FILE OF THE FAMILY COURT, MAVELIKKARA DATED 4/1/2021 FILED BY RESPONDENT.
Annexure C	TRUE COPY OF OBJECTION IN O.P.(G&W) NO.25
	OF 2021 DATED 3/3/2021 FILED BY PETITIONER HEREIN/RESPONDENT.
Annexure D	TRUE COPY OF O.P.NO.348 OF 2021 FILED BY
	PETITIONER HEREIN ON THE FILE OF THE FAMILY COURT, KOTTAYAM DATED 17/3/2021.
Annexure E	TRUE COPY OF M.C.NO.69 OF 2021 FILED BY
	PETITIONER HEREIN ON THE FILE OF THE FAMILY COURT, KOTTAYAM DATED 31/3/2021.

Rani Mol Thomas v. Roy P.Thomas

Case brief

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Rani Mol Thomas v. Roy P.Thomas

Case brief

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