Allowed

Biny Kuriakose, v. Joseph Sebastian

Kerala HC18 Nov 2022Tr.Appeal(C)/18/2022

Case brief

AI extract

What is this about?

The High Court of Kerala, invoking general powers under Article 227, transferred pending matrimonial appeals and related cases between the parties to the Family Court, Kozhikode. The court found that this location offers better convenience for both the wife residing in Kannur and the husband in Palakkad compared to Ottapalam. Consequently, a Domestic Violence case was also transferred to Kozhikode

What did the court decide?

Transferred all pending appeals, transfer petitions, and the domestic violence case to the Family Court, Kozhikode, and Judicial First Class Magistrate Court-I, Kozhikode.

Biny Kuriakose, Vs Joseph Sebastian — Child Custody and Guardianship | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶4

¶5

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 18^TH DAY OF NOVEMBER 2022 / 27TH KARTHIKA,

¶6

1944

¶7

TR.APPEAL(C) NO. 17 OF 2022

¶8

Tr.P(C) 431/2022 OF HIGH COURT OF KERALA

¶9

APPELLANT/RESPONDENT:

¶10

BINY KURIAKOSE, AGED 36 YEARS, D/O. KURIAKOSE, MATTATHIL HOUSE, THONDIYIL P.O., PERAVOOR, KANNUR DISTRICT-670673.

¶11

BY ADVS. K.A.SALIL NARAYANAN P.C.ANIL KUMAR MANU.M.THOMAS P.SREESHA

¶12

RESPONDENT/PETITIONER:

¶13

JOSEPH SEBASTIAN, AGED 37 YEARS, S/O.V.J. SEBASTIAN, VADAKKEL HOUSE, CHANGALERI P.O., MANNARKKAD TALUK, PALAKKAD DISTRICT-678762.

¶14

ADV.SRI.C.DHEERAJ RAJAN

¶15

THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.11.2022, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

Tr.App.(C) No.17/2022 & con. cases

¶17

..2..

¶18

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶19

PRESENT

¶20

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶21

¶22

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 18^TH DAY OF NOVEMBER 2022 / 27TH KARTHIKA,

¶23

1944

¶24

TR.APPEAL(C) NO. 18 OF 2022

¶25

Tr.P(C) 305/2019 OF HIGH COURT OF KERALA

¶26

APPELLANT/RESPONDENT:

¶27

BINY KURIAKOSE, AGED 36 YEARS D/O. KURIAKOSE, MATTATHIL HOUSE, THONDIYIL P.O. PERAVOOR, KANNUR DISTRICT-670673.

¶28

BY ADVS. K.A.SALIL NARAYANAN P.C.ANIL KUMAR MANU.M.THOMAS

¶29

RESPONDENT/PETITIONER:

¶30

JOSEPH SEBASTIAN, AGED 37 YEARS S/O.V.J. SEBASTIAN, VADAKKEL HOUSE, CHANGALERI, P.O., MANNARKKAD TALUK, PALAKKAD DISTRICT678762.

¶31

ADV.SRI.C.DHEERAJ RAJAN

¶32

THIS TRANSFER APPEAL(CIVIL) HAVING COME UP FOR ADMISSION ON 18.11.2022, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶33

Tr.App.(C) No.17/2022 & con. cases

¶34

..3..

¶35

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶36

PRESENT

¶37

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶38

¶39

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 18^TH DAY OF NOVEMBER 2022 / 27TH KARTHIKA,

¶40

1944

¶41

TR.APPEAL(C) NO. 19 OF 2022

¶42

Tr.P(C) 468/2021 OF HIGH COURT OF KERALA

¶43

APPELLANT/PETITIONER:

¶44

BINY KURIAKOSE AGED 36 YEARS D/O. KURIAKOSE, MATTATHIL HOUSE, THONDIYIL P.O., PERAVOOR, KANNUR DISTRICT-670 673

¶45

BY ADVS. K.A.SALIL NARAYANAN P.C.ANIL KUMAR MANU.M.THOMAS

¶46

RESPONDENT/RESPONDENT:

¶47

JOSEPH SEBASTIAN AGED 35 YEARS S/O. V.J.SEBASTIAN, VADAKKE HOUSE, CHANGALERI P.O., MANNARKKAD TALUK, PALAKKAD DISTRICT-678 762.

¶48

ADV.SRI.C.DHEERAJ RAJAN

¶49

THIS TRANSFER APPEAL(CIVIL) HAVING COME UP FOR ADMISSION ON 18.11.2022, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶50

Tr.App.(C) No.17/2022 & con. cases

¶51

..4..

¶52

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶53

PRESENT

¶54

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶55

¶56

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶57

FRIDAY, THE 18^TH DAY OF NOVEMBER 2022 / 27TH KARTHIKA,

¶58

1944

¶59

TR.P(C) NO. 597 OF 2022

¶60

OP 792/2022 OF FAMILY COURT, THALASSERY

¶61

PETITIONERS/RESPONDENTS 1 & 2:

¶62

1 JOSEPH SEBASTIAN, AGED 34 YEARS S/O. SEBASTIAN, VADAKKEL HOUSE, CHANGALERI P.O., MANNARKKAD TALUK, PALAKKAD DISTRICT-678 762.

¶63

2 MOLLY SEBASTIAN, AGED 60 YEARS W/O. SEBASTIAN, VADAKKEL HOUSE, CHANGALERI P.O., MANNARKKAD TALUK, PALAKKAD DISTRICT-678 762.

¶64

BY ADVS. C.DHEERAJ RAJAN

¶65

ANAND KALYANAKRISHNAN

¶66

RESPONDENT/PETITIONER:

¶67

BINY KURIAKOSE, AGED 33 YEARS D/O. KURIAKOSE, MATTATHIL HOUSE, THONDIYIL P.O., PERAVOOR , KANNUR DISTRICT, REP -670 673.

¶68

BY ADVS. ANIL KUMAR P.C MANU.M.THOMAS(K/409/2005)

¶69

THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.11.2022, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶70

Tr.App.(C) No.17/2022 & con. cases

¶71

..5..

¶72

Tr.Appeal(C) Nos. 17, 18 & 19 of 2022 & Tr.PC No.597 of 2022

¶73

JUDGMENT

¶74

A. MUHAMED MUSTAQUE, J.

¶75

These intra court appeals and transfer petition are between the same parties. The appeals are filed by the wife and the transfer

¶76

petition by the husband. In the order subjected to appeal, the learned Single Judge, noting that the wife was working, at that time, in New Zealand, ordered the matrimonial cases filed by the wife before the Family Court, Thalassery to be tried at Family Court, Ottapalam.

¶77

The husband has approached this Court with Tr.PC.597/2022 to transfer OP No.792/2022 on the file of the Family Court, Thalassery to

¶78

Tr.App.(C) No.17/2022 & con. cases

¶79

the Family Court, Ottapalam, which was filed

¶80

subsequent to the order impugned in these

¶81

appeals. There is one more case filed at the

¶82

instance of the wife under the Domestic

¶83

Violence Act as MC No.52/2022 on the file of

¶84

the Judicial First Class Magistrate Court, Kuthuparamba. The following are the present cases;

¶85

(a) OP(G&W) No.357/2019 (b) OP No.604/2019 (c) OP No.678/2022 (d) OP No.640/2022 (e) OP No.792/2022 (f) MC No.52/2022

¶86

Now, the wife has come down from New Zealand.

¶87

She submitted before us, when we personally interacted with her, that she intends to stay back in India till the cases are over. We record her submission.

¶88

The learned counsel for the husband opposed

¶89

the prayer to transfer the cases to the Family Court, Thalassery.

¶90

Tr.App.(C) No.17/2022 & con. cases

¶91

..7..

¶92

The wife now lives with her parents at Peravoor in Kannur District. The distance

¶93

between Peravoor to Ottapalam is around 198 km and there is no direct train or bus service from Peravoor to Ottapalam. The husband now

¶94

resides at Mannarkkad in Palakkad District. The distance for him from Mannarkkad to Ottapalam is around 38 km. Since both parties are now available in India, taking note of the convenience of both parties, we are of the view that all the cases between the parties shall be tried at Kozhikode.

¶95

The distance between Peravoor to Kozhikode is

¶96

102 km and the distance between Mannarkkad to

¶97

Kozhikode is 98 km. Then, it would be convenient for both parties if all the cases are transferred to Kozhikode. Accordingly, we, invoking general power as well as based on the

¶98

transfer petitions filed by the parties, transfer all the following cases to the Family

¶99

Tr.App.(C) No.17/2022 & con. cases

¶100

..8..

¶101

Court, Kozhikode;

¶102

(a) OP No.357/2019 (b) OP No.604/2019 (c) OP No.678/2022 (d) OP No.640/2022 (e) OP No.792/2022

¶103

MC No.52/2022 on the file of the Judicial

¶104

First Class Magistrate Court, Kuthuparamba is transferred to the Judicial First Class Magistrate Court-I, Kozhikode.

¶105

All the cases between the parties before the

¶106

Family Court and the Judicial First Class Magistrate Court shall be posted on the same

¶107

day. For convenience of the parties, the

¶108

Magistrate, for any appearance of the parties, shall fix the date taking note of the dates fixed for such cases before the Family Court.

¶109

The custody of the child will be in accordance

¶110

with the mediation agreement entered into

¶111

between the parties, subject to any

¶112

modification in accordance with law. We direct the Family Court, Kozhikode, to refer the

¶113

Tr.App.(C) No.17/2022 & con. cases

¶114

parties for mediation on the next date of posting itself. The parties shall appear before the Family Court, Kozhikode on 30.11.2022.

¶115

These transfer appeals and the transfer petition are disposed of accordingly.

¶116

Sd/-

¶117

A. MUHAMED MUSTAQUE

¶118

JUDGE

¶119

Sd/-

¶120

SHOBA ANNAMMA EAPEN

¶121

JUDGE

¶122

bka/-

¶123

Tr.App.(C) No.17/2022 & con. cases

¶124

..10..

¶125

APPENDIX OF TR.APPEAL(C) 18/2022

¶126

PETITIONER ANNEXURES

¶127

Annexure A1	A DOWNLOADED COPY OF CASE SUMMARY REPORT IN CASE NO 180323/5112 OF NEW ZEALAND POLICE.
Annexure A2	A DOWNLOADED COPY OF SUMMARY OF FACTS IN CASE NO 180323/5112 OF NEW ZEALAND D POLICE.
Annexure A3	A TRUE PHOTO COPY OF THE RULING OF DISTRICT COURT AT CHRISTCHURCH IN NEW ZEALAND
Annexure A4	A TRUE PHOTO COPY OF THE PETITION FILED BEFORE THE SUB INSPECTOR OF POLICE MUZHAKKUNNU POLICE STATION KANNUR.
Annexure A5	CERTIFIED COPY OF THE CERTIFICATE OF THE PRINCIPAL, ST JOSEPH'S NURSERY SCHOOL THONDIYIL, PERAVOOR, KANNUR.
Annexure A6	A CERTIFIED COPY OF THE OP NO 304/2019 FILED BEFORE THE HON'BLE FAMILY COURT, THALASSERY.
Annexure A7	A TRUE COPY OF THE ORDER DATED 03.06.2019 IN IA 472/2019 IN OP 304/2019 OF THE HON'BLE FAMILY COURT, THALASSERY.
Annexure A8	A CERTIFIED COPY OF THE ORDER IN IA 680/2019 IN IA 472/2019 IN OP 304/2019 DATED 14.06.2019 HON'BLE FAMILY COURT, THALASSERY.
Annexure A9	A DOWNLOADED COPY OF THE JUDGMENT IN OP(FC) 404/2019 OF THIS HON'BLE COURT.

¶128

Tr.App.(C) No.17/2022 & con. cases

¶129

	..11..
Annexure A10	A TRUE COPY OF THE CERTIFICATE OF SERVICE ISSUED BY THE EMPLOYER SANFORD LIMITED NEW ZEALAND DATED 19.08.2022.
Annexure A11	A TRUE PHOTO COPY OF THE VISA OF APPELLANT'S MOTHER.
Annexure A12	A TRUE PHOTOCOPY OF THE DEATH CERTIFICATE OF THE FATHER DATED 11.08.2021.
Annexure A13	A PETITION FILED BEFORE THE HON'BLE FAMILY COURT THALASSERY IN OP 508/2022.

¶130

Tr.App.(C) No.17/2022 & con. cases

¶131

..12..

¶132

APPENDIX OF TR.APPEAL(C) 19/2022

¶133

PETITIONER ANNEXURES

¶134

Annexure A1	A DOWNLOADED COPY OF CASE SUMMARY REPORT IN CASE NO 180323/5112 OF NEW ZEALAND D POLICE
Annexure A2	A DOWNLOADED COPY OF SUMMARY OF FACTS IN CASE NO 180323/5112 OF NEW ZEALAND D POLICE
Annexure A3	A TRUE PHOTO COPY OF THE RULING OF DISTRICT COURT AT CHRISTCHURCH
Annexure A4	A TRUE PHOTO COPY OF THE PETITION FILED BEFORE THE SUB INSPECTOR OF POLICE MUZHAKKUNNU POLICE STATION KANNUR
Annexure A5	A PHOTO COPY OF THE CERTIFICATE OF THE PRINCIPLE, ST JOSEPH'S NURSERY SCHOOL THONDIYIL, PERAVOOR, KANNUR
Annexure A6	A PHOTO COPY OF THE OP NO 304/2019 FILED BEFORE THE HON'BLE FAMILY COURT, THALASSERY
Annexure A7	A TRUE COPY OF THE ORDER DATED 03.06.2019 IN IA 472/2019 IN OP 304/2019
Annexure A8	A PHOTO COPY OF THE ORDER IN IA 680/2019 IN IA 472/2019 IN OP 304/2019 DATED 14.06.2019
Annexure A9	A DOWNLOADED COPY OF THE JUDGEMENT IN OP(FC) 404/2019 OF THIS HON'BLE COURT

¶135

Tr.App.(C) No.17/2022 & con. cases

¶136

	..13..
Annexure A10	A TRUE COPY OF THE CERTIFICATE OF SERVICE ISSUED BY THE EMPLOYER SANFORD LIMITED, NEW ZEALAND DATED 19.08.2022
Annexure A11	A TRUE PHOTO COPY OF THE VISA OF APPELLANT'S MOTHER
Annexure A12	A TRUE PHOTO COPY OF THE DEATH CERTIFICATE OF THE FATHER DATED 11.08.2021
Annexure A13	A PETITION FILED BEFORE THE HON'BLE FAMILY COURT THALASSERY IN OP 508/2022

¶137

Tr.App.(C) No.17/2022 & con. cases

¶138

..14..

¶139

APPENDIX OF TR.P(C) 597/2022

¶140

PETITIONER ANNEXURES

¶141

Annexure A THE TRUE COPY OF THE MEDICATION AGREEMENT DATED 02.09.2019 Annexure B THE TRUE COPY OF THE ORDER DATED 04.08.2022 IN TR.P.C 468/2021, TR.P.C 305/2019 AND TR.P.C 431/2022 PASSED BY THIS HON'BLE COURT. Annexure C THE TRUE COPY OF THE NOTICE DATED 20.08.2022 IN OP 792/2022 ON THE FILES OF FAMILY COURT, THALASSERY.

¶142

Tr.App.(C) No.17/2022 & con. cases

¶143

..15..

¶144

APPENDIX OF TR.APPEAL(C) 17/2022

¶145

PETITIONER ANNEXURES

¶146

Annexure A1	A DOWNLOADED COPY OF SUMMARY REPORT IN CASE NO. 180323/5112 OF NEW ZEALAND D POLICE.
Annexure A2	A DOWNLOADED COPY OF SUMMARY OF FACTS IN CASE NO.180323/5112 OF NEW ZEALAND D POLICE.
Annexure A3	A TRUE PHOTO COPY OF THE RULING OF DISTRICT COURT AT CHRISTCHURCH .
Annexure A4	A TRUE PHOTO COPY OF THE PETITION FILED BEFORE THE SUB INSPECTOR OF POLICE MUZHAKKUNNU POLICE STATION KANNUR .
Annexure A5	A PHOTO COPY OF THE CERTIFICATE OF THE PRINCIPLE, ST JOSEPH'S NURSERY SCHOOL THONDIYIL, PERAVOOR, KANNUR.
Annexure A6	A PHOTO COPY OF THE OP NO 304/2019 FILED BEFORE THE HON'BLE FAMILY COURT, THALASSERY .
Annexure A7	A TRUE COPY OF THE ORDER DATED 3.6.2019 IN I.A.472/2019 IN OP.304/2019.
Annexure A8	A PHOTO COPY OF THE ORDER IN IA.680/2019 IN IA.472/2019 IN OP.304/2019 DATED 14.6.2019.
Annexure A9	A DOWNLOADED COPY OF THE JUDGEMENT IN OP(FC) 404/2019 OF THIS HON'BLE COURT.

¶147

Tr.App.(C) No.17/2022 & con. cases

¶148

	..16..
Annexure A10	A TRUE COPY OF THE CERTIFICATE OF SERVICE ISSUED BY THE EMPLOYER SANFORD LIMITED, NEW ZEALAND DATED 19.08.2022 .
Annexure A11	A TRUE PHOTO COPY OF THE VISA OF APPELLANT'S MOTHER .
Annexure A12	A TRUE PHOTO COPY OF THE DEATH CERTIFICATE OF THE FATHER DATED 11.08.2021.
Annexure A13	A PETITION FILED BEFORE THE HON'BLE FAMILY COURT THALASSERY IN OP 508/2022.

Biny Kuriakose, v. Joseph Sebastian

Case brief

What is this about?

What did the court decide?

Biny Kuriakose, v. Joseph Sebastian

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Truptha Muraleedharan Vs State of Kerala

K.Omana Vs State of Kerala

K.Omana Vs State of Kerala

Punnoose Joseph Vs Thomas Varghese (Deceased)

N.D.Leela Alias Leelamma Alias Komalam Vs Rugmini.S.

Biny Kuriakose Vs Joseph Sebastian