Partly allowed

Aswin Raj v. Anjana Anand

Kerala HC20 Jun 2022Tr.P(Crl.)/12/2021

Case brief

AI extract

What is this about?

In consolidated common orders, the High Court of Kerala allowed transfer petitions filed by the wife and parents to shift matrimonial cases from Irinjalakuda to Kozhikode for joint trial, while dismissing the husband's petitions seeking transfer to Irinjalakuda, citing statutory law favoring the woman's convenience.

What did the court decide?

Tr.P.(C) No. 706/2021 and Tr.P.(C) No. 3/2021 allowed; Tr.P.(Crl) No. 12/2021 and Tr.P(C) No. 112/2021 dismissed; records transmitted to Family Court, Kozhikode for joint trial.

Aswin Raj Vs Anjana Anand — Matrimonial and Divorce | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE C.S.DIAS

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MONDAY, THE 20TH DAY OF JUNE 2022 / 30TH JYAISHTA, 1944
TR.P(C) NO. 3 OF 2021

¶5

 OP 302/2020 OF THE FAMILY COURT, IRINJALAKUDA

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PETITIONER:

¶7

ANJANA ANAND,
AGED 27 YEARS
D/O.ANANDAKUMAR, POURNAMI, MADATHINKAL KALARIKKAL,
BEYPORE AMSOM DESOM, BEYPORE VILLAGE, BEYPORE P.O.,
KOZHIKODE DISTRICT, PIN - 673015.

¶8

BY ADVS.
VINOD SINGH CHERIYAN
SRI.T.M.KHALID
SMT.K.P.SUSMITHA

¶9

RESPONDENT:

¶10

ASWINRAJ,
AGED 28 YEARS
S/O.SELVARAJAN, PUNNOOR, THORAV VILLAGE, MUKUNDAPURAM
TALUK, KANNAMPATHOOR DESOM, THRISSUR DISTRICT.
REPRESENTED BY POWER OF ATTORNEY HOLDER SELVARAJAN,
S/O.SIVARAJA KURUP, AGED 60 YEARS, CHENGALOOR P.O.,
PIN - 680 312.

¶11

BY ADV SRI.NIREESH MATHEW

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.06.2022, ALONG WITH Tr.P(Crl.).12/2021, Tr.(C)
No.112/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

¶13

Tr.P (C) Nos.3,112 & 706 of 2021 & Tr.P.(Crl.) No.12 of 2021

¶14

¶15

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶16

PRESENT

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THE HONOURABLE MR.JUSTICE C.S.DIAS

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MONDAY, THE 20TH DAY OF JUNE 2022 / 30TH JYAISHTA, 1944

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TR.P(CRL.) NO. 12 OF 2021

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MC 102/2020 OF THE FAMILY COURT,KOZHIKODE

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PETITIONER:

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ASWIN RAJ

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AGED 29 YEARS
S/O. SELVARAJAN, PUNNOOR KALARICKAL HOUSE, USHUS,
CHENGALOOR (P.O.), PUTHUKKAD, THRISSUR DISTRICT,
REPRESENTED BY POWER OF ATTORNEY HOLDER,
SELVARAJAN, AGED 61 YEARS, S/O. SELVARAJA KURUP,
PUNNOOR KALARICKAL HOUSE, USHUS, CHENGALOOR
(P.O.), PUTHUKKAD, THRISSUR DISTRICT.
BY ADV NIREESH MATHEW

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RESPONDENTS:

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1ANJANA ANAND
AGED 28 YEARS
D/O. ANANDAKUMAR, POURNAMI, MADATHINKAL
KALARIKKAL, BEYPORE AMSOM, DESOM, BEYPORE
VILLAGE, BEYPORE (P.O.), KOZHIKODE DISTRICT,
PIN-673015.

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2STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, KOCHI-682031.
BY ADVS.
VINOD SINGH CHERIYAN
T.M.KHALID
K.P.SUSMITHA

¶27

THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 20.06.2022, ALONG WITH Tr.P(C).3/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶28

Tr.P (C) Nos.3,112 & 706 of 2021 & Tr.P.(Crl.) No.12 of 2021

¶29

¶30

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶31

PRESENT

¶32

THE HONOURABLE MR.JUSTICE C.S.DIAS

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MONDAY, THE 20TH DAY OF JUNE 2022 / 30TH JYAISHTA, 1944
TR.P(C) NO. 112 OF 2021

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 OP 384/2020 OF THE FAMILY COURT,KOZHIKODE

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PETITIONER:

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ASWIN RAJ
AGED 29 YEARS
S/O. SELVARAJAN, PUNNOOR KALARICKAL HOUSE, USHUS,
CHENGALOOR (PO) PUTHUKKAD, THRISSUR DISTRICT
REPRESENTED BY POWER OF ATTORNEY HOLDER,
SELVARAJAN, AGED 61 YEARS, S/O. SIVARAJA KURUP,
PUNNOOR KALARICKAL HOUSE, USHUS, CHENGALOOR (PO)
PUTHUKKAD, THRISSUR DISTRICT.
BY ADV NIREESH MATHEW

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RESPONDENT:

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ANJANA ANAND
AGED 28 YEARS
D/O. ANANDAKUMAR, POURNAMI, MADATHINKAL
KALARIKKAL, BEYPORE AMSOM, DESOM, BEYPORE
VILLAGE, BEYPORE (PO) KOZHIKODE DISTRICT PIN 673
015
BY ADVS.
VINOD SINGH CHERIYAN
T.M.KHALID
K.P.SUSMITHA

¶39

THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.06.2022, ALONG WITH Tr.P(C).3/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶40

Tr.P (C) Nos.3,112 & 706 of 2021 & Tr.P.(Crl.) No.12 of 2021

¶41

¶42

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

¶44

THE HONOURABLE MR.JUSTICE C.S.DIAS

¶45

MONDAY, THE 20TH DAY OF JUNE 2022 / 30TH JYAISHTA, 1944
TR.P(C) NO. 706 OF 2021

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 OP NO.840/2021 OF FAMILY COURT, IRINJALAKUDA

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PETITIONERS:

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1ANJANA ANAND
AGED 27 YEARS
D/O. ANANDAKUMAR, "POURNAMI", MADATHINKAL
KALARIKKAL, BEYPORE P.O., KOZHIKODE-673 015.

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2 ANAND KUMAR

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AGED 61 YEARS
S/O. BALAN, “POURNAMI", MADATHINKAL KALARIKKAL,
BEYPORE P.O., KOZHIKODE-673 015.

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3MINI @ MANGALA
AGED 55 YEARS
W/O. ANAND KUMAR, “POURNAMI", MADATHINKAL
KALARIKKAL, BEYPORE P.O., KOZHIKODE-673 015.
BY ADVS.
VINOD SINGH CHERIYAN
T.M.KHALID
K.P.SUSMITHA

¶52

RESPONDENT:

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ASWINRAJ
AGED 28 YEARS
S/O. SELVARAJAN, PUNNOOR, THORV VILLAGE,
MUKUNDAPURAM TALUK, KANNAMPATHOOR DESOM, THRISSUR
DISTRICT-680 312.
BY ADV NIREESH MATHEW

¶54

THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.06.2022, ALONG WITH Tr.P(C).3/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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Tr.P (C) Nos.3,112 & 706 of 2021 & Tr.P.(Crl.) No.12 of 2021

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Dated this the 20^th day of June, 2022. COMMON ORDER

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As these transfer petitions are between the

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husband and wife and the wife's parents in respect of the disputes that have arisen out of the marriage, the transfer petitions are being disposed of by this common order.

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The Tr.P(C).No.706/2021 is filed by the wife and

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her parents to transfer O.P No.840/2021 from the Family Court Irinjalakuda to the Family Court, Kozhikode. Tr.P (C)No.3/21 is filed by the wife to transfer O.P. No.302/2020 from the Family Court, Irinjalakuda to the Family Court, Kozhikode. Tr.P. (C)Nos.12/2021 and 112/21 are filed by the husband to transfer MC No.102/2020 and O.P. No.384/2020, respectively, from the Family Court, Kozhikode to the Family Court, Irinjalakuda. The parties are, for the

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Tr.P (C) Nos.3,112 & 706 of 2021 & Tr.P.(Crl.) No.12 of 2021

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sake of convenience, referred to as per the status and the pleadings in Tr.P.(C) No.706/2021, which is the most comprehensive transfer petition.

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The first petitioner is the wife of the respondent. The petitioners 2 and 3 are the parents of the first petitioner. Due to the matrimonial estrangement, the first petitioner has filed OP No.384/2020 (Annexure A2) and MC No.102/2020 (Annexure A3) before the Family Court, Kozhikode against the respondent, seeking a decree for return of patrimony and gold and an order for maintenance, respectively. The respondent, on the other hand has filed O.P. No.840/2021 (Annexure A1) and OP No.302/2020 before the Family Court, Irinjalakuda against the petitioners and 1^st petitioner, respectively, seeking a decree for compensation and a decree for divorce. Admittedly, the respondent is employed abroad. The respondent is being represented by his

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Tr.P (C) Nos.3,112 & 706 of 2021 & Tr.P.(Crl.) No.12 of 2021

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power of attorney holder. Therefore, it is immaterial, so far as the respondent is concerned, whether the cases are being prosecuted before the Family Court at Irinjalakuda or Family Court, Kozhikode. Hence, the wife prays for the transfer of Annexure A1 and O.P. No.302/2020 from the Family Court, Irinjalakuda to the Family Court, Kozhikode. On the contrary, the husband seeks for transfer of Annexures A2 and A3 from the Family Court, Kozhikode to the Family Court, Irinjalakuda, on the ground that no prejudice would be caused to the petitioners, if the cases are transferred.

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Heard, Sri. Vinod Singh Cheriyan, the learned counsel appearing for the petitioners in Tr.P. (C)No.706/2021 and Sri. Nireesh Mathew, the learned counsel appearing for the respondent in Tr.P. (C)No.706/2021 and connected cases.

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The law with respect to transfer of proceedings, particularly matrimonial disputes, is no

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Tr.P (C) Nos.3,112 & 706 of 2021 & Tr.P.(Crl.) No.12 of 2021

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longer res-integra, in view of the categoric declaration of law by the Hon'ble Supreme Court in Sumitha Sing v. Kumar Sanjay and another [2002 KHC 1889], Mona Aresh Goel v. Aresh Satya Goel [2000 KHC 1835], Vaishali Shridhar Jagtap v. Shridhar Vishwanath Jagtap [2016 KHC 6489] and Santhini v. Vijaya Venkatesh [2017 (5) KHC 48]. The Hon’ble Supreme Court has held that it is the convenience of the woman and children that has to be looked into, while ordering the transfer of a case from one Court to another.

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In the light of the law laid down in the aforecited precedents, the pleadings and materials on record, the totality of the facts and circumstances of the cases, particularly the fact that the respondent is employed abroad and he is being represented by his power of attorney holder and the law laid down by this

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Tr.P (C) Nos.3,112 & 706 of 2021 & Tr.P.(Crl.) No.12 of 2021

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Court in Mini Antony v. Savio Aruja [2022(3) KHC 42], I am inclined to exercise the discretionary powers of this Court under Section 24 of the Code of Civil Procedure in favour of the wife and her parents and allow Tr.P.(C) Nos.706/2021 and 3/2021, so that, all the

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cases between the parties can be consolidated and jointly tried by the same court, which would save precious judicial time and avoid conflict of decisions.

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In the result, I pass the following orders:-

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(i) Tr.p(c) No.706/2021 is allowed by ordering the

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transfer of OP No.840/2021 from the Family Court, Irinjalakuda to the Family Court, Kozhikode.

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(ii) Tr.P.(C) No.3/2021 is allowed by ordering the transfer of O.P.No.302/2020 from the Family Court, Irinjalakuda to the Family Court, Kozhikode.

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(iii) Tr.P(Crl) No.12/2021 is dismissed.

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(iv) Tr.P(C) No.112/2021 is dismissed.

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Tr.P (C) Nos.3,112 & 706 of 2021 & Tr.P.(Crl.) No.12 of 2021

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(v) The parties would be at liberty to move the Family Court, Kozhikode and seek for consolidation and joint trial of all the cases.

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(vi) The respondent-husband would be at liberty to move the Family Court, Kozhikode and seek for dispensation of his personal appearance and also to avail the video conferencing facility.

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(vii) The Registry shall forward a copy of this common order to the Family Court, Irinjalakuda with instructions to forthwith transmit the records in O.P. No.302/2020 and O.P. No.840/2021 to the Family Court, Kozhikode. The Family Court, Kozhikode shall, immediately on the receipt of the records in O.P No.302/2020 and O.P. No.840/2021, post the cases along with Annexure A2 and Annexure A3.

SD/-

C.S.DIAS, JUDGE

rmm/20/06/2022

Tr.P (C) Nos.3,112 & 706 of 2021 & Tr.P.(Crl.) No.12 of 2021

¶94

¶95

APPENDIX OF TR.P(CRL.) 12/2021

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PETITIONER ANNEXURES

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ANNEXURE ATRUE PHOTOCOPY OF M.C.NO.102/2020 DATED
09.3.2020 ON THE FILE OF THE HON'BLE FAMILY
COURT, KOZHIKODE.
ANNEXURE BTRUE PHOTOCOPY OF THE CERTIFICATE DATED
16.4.2007 ISSUED BY DR. V.V.BASHI, MIOT
HOSPITALS, CHENNAI.
ANNEXURE CTRUE PHOTOCOPY OF THE MEDICAL RECORDS ISSUED
FROM ASTER MEDCITY HOSPITAL, ERNAKULAM.

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ANNEXURE DTRUE PHOTOCOPY OF THE OUT PATIENT
REGISTRATION CARD DATED 23.12.2020 ISSUED
FROM THE GOVERNMENT MEDICAL COLLEGE
HOSPITAL, THRISSUR.

¶99

RESPONDENT'S ANNEXURE

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ANNEXURE R1(a)COPY OF THE ORIGINAL PETITION O.P.
 NO.840/2021 FILED BEFORE THE FAMILY
 COURT,IRINJALAKUDA DATED 27.08.2021.

¶101

¶102

Tr.P (C) Nos.3,112 & 706 of 2021 & Tr.P.(Crl.) No.12 of 2021

¶103

APPENDIX OF TR.P(C) 112/2021

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PETITIONER ANNEXURES

¶105

ANNEXURE ATRUE PHOTOCOPY OF O.P NO. 384/2020 DATED
09-03-2020 ON THE FILE OF THE HON'BLE
FAMILY COURT, KOZHIKODE
ANNEXURE BTRUE PHOTOCOPY OF THE CERTIFICATE DATED
16-04-2007 ISSUED BY DR. V.V BASHI, MIOT
HOSPITALS, CHENNAI

¶106

ANNEXURE CTRUE PHOTOCOPY OF THE MEDICAL RECORDS
ISSUED FROM ASTER MEDCITY HOSPITAL,
ERNAKULAM
ANNEXURE DTRUE PHOTOCOPY OF THE OUT PATIENT
REGISTRATION CARD DATED 23-12-2020
ISSUED FROM THE GOVERNMENT MEDICAL
COLLEGE HOSPITAL, THRISSUR

¶107

RESPONDENT'S ANNEXURE

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ANNEXURE R1(a) COPY OF THE ORIGINAL PETITION OP

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 NO.840/2021 FILED BEFORE THE FAMILY COURT,
 IRINJALAKUDA DATED 27.08.2021.

¶110

Tr.P (C) Nos.3,112 & 706 of 2021 & Tr.P.(Crl.) No.12 of 2021

¶111

¶112

APPENDIX OF TR.P(C) 706/2021

¶113

PETITIONERS’ANNEXURES

¶114

Annexure A1COPY OF THE ORIGINAL PETITION
NO.O.P.NO.840 OF 2021 PENDING ON THE
FILES OF THE FAMILY COURT AT
IRINJALAKUDA.
Annexure A2COPY OF THE ORIGINAL PETITION
O.P.NO.384/2020 ON THE FILE OF FAMILY
COURT AT KOZHIKODE
Annexure A3COPY OF THE PETITION WITH
M.C.NO.102/2020 ON THE FILE OF FAMILY
COURT KOZHIKODE.
Annexure A4COPY OF THE PETITION M.C.NO.47/2020 ON
THE FILE OF JUDICIAL FIRST CLASS
MAGISTRATE COURT-V AT KOZHIKODE.

¶115

Tr.P (C) Nos.3,112 & 706 of 2021 & Tr.P.(Crl.) No.12 of 2021

¶116

¶117

APPENDIX OF TR.P(C) 3/2021

¶118

PETITIONER ANNEXURES
ANNEXURE A1COPY OF THE PETITION O.P.NO.302 OF 2020
OF FAMILY COURT, IRINJALAKUDA.
ANNEXURE A2COPY OF THE PETITION M.C.NO.47 OF 2020
OF JUDICIAL FIRST CLASS MAGISTRATE COURT
-V COURT, KOZHIKODE.
ANNEXURE A3COPY OF THE PETITION M.C.NO.102 OF 2020
OF FAMILY COURT, KOZHIKODE.
ANNEXURE A4COPY OF THE PETITION O.P.NO.384 OF 2020
OF FAMILY COURT, KOZHIKODE.

Aswin Raj v. Anjana Anand

Case brief

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What did the court decide?

Aswin Raj v. Anjana Anand

Case brief

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