High Court allowed transfer petitions to move matrimonial disputes from Family Court, Pala to Family Court, Ettumanoor to consolidate pending litigation, considering the wife's convenience as per Supreme Court guidelines.
Transfer of O.P.No.527 of 2022 and O.P.No.167 of 2021 from Family Court, Pala to Family Court, Ettumanoor.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 7TH DAY OF NOVEMBER 2023 / 16TH KARTHIKA, 1945
TR.P(C) NO. 711 OF 2023
OP NO.527/2022 OF FAMILY COURT, PALA
PETITIONER/PETITIONER:
JINTA JOB AGED 34 YEARS DAUGHTER OF JOB, RESIDING AT VALUPARAMBIL HOUSE, PALLICKACHIRAKAVALA POST, PAYIPPADU VILLAGE, CHANGANASSERY TALUK, KOTTAYAM DISTRICT, PIN - 686537
BY ADV P.K.RAVISANKAR
RESPONDENTS/RESPONDENTS:
1 ANIL J PULLOLIL AGED 36 YEARS S/O JOBY JOSEPH, AGED 36 YEARS, PULLOLIL HOUSE, CHAMAMPATHAL POST, VAZHOOR VILLAGE, CHANGANACHERY TALUK, KOTTAYAM DISTRICT, PIN - 686517
2 JOBY JOSEPH AGED 68 YEARS S/O JOSEPH, AGED 68 YEARS, PULLOLIL HOUSE, CHAMAMPATHAL POST, VAZHOOR VILLAGE, CHANGANACHERY TALUK, KOTTAYAM DISTRICT, PIN - 686517
3 KOCHU RANI JOBY AGED 63 YEARS W/O JOBY JOSEPH, AGED 63 YEARS, PULLOLIL HOUSE, CHAMAMPATHAL POST, VAZHOOR VILLAGE, CHANGANACHERY TALUK, KOTTAYAM DISTRICT, PIN - 686517
BY ADV JOHNY K.GEORGE
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.11.2023, ALONG WITH Tr.P(C).712/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TR.P(C)NOS.711 & 712/2023
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 7TH DAY OF NOVEMBER 2023 / 16TH KARTHIKA,
1945
TR.P(C) NO. 712 OF 2023
OP 167/2021 OF FAMILY COURT, PALA
PETITIONER/RESPONDENT:
JINTA JOB AGED 34 YEARS DAUGHTER OF JOB, RESIDING AT VALUPARAMBIL HOUSE, PALLICKACHIRAKAVALA POST, PAYIPPADU VILLAGE, CHANGANASSERY TALUK, KOTTAYAM DISTRICT, PIN - 686537
BY ADV P.K.RAVISANKAR
RESPONDENT/PETITIONER:
ANIL J PULLOLIL AGED 36 YEARS S/O JOBY JOSEPH, PULLOLIL HOUSE, CHAMAMPATHAL POST, VAZHOOR VILLAGE, CHANGANACHERY TALUK, KOTTAYAM DISTRICT, PIN - 686517
BY ADV JOHNY K.GEORGE
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.11.2023, ALONG WITH Tr.P(C).711/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TR.P(C)NOS.711 & 712/2023 3
ORDER
Dated this the 07th day of November, 2023
The Transfer Petition first above referred is one seeking transfer of O.P.No.527 of 2022 pending before the Family Court, Pala, which was preferred by the wife for return of gold ornaments and money. The Transfer Petition second above referred is preferred seeking transfer of O.P.No.167 of 2021, an Original Petition preferred by the husband - respondent seeking divorce pending before the Family Court, Pala. While so, the husband preferred a third Original Petition as O.P.(G&W)No.1883 of 2022, which is pending before the Family Court, Ettumanoor. Yet another O.P. was filed by the petitioner - wife for restitution of conjugal rights as O.P.No.1433 of 2023, which also is pending before the Family Court, Ettumanoor.
is convenient to the petitioner - wife for the conduct of the matter. According to the learned counsel for the petitioner, both the Family Court, Pala and Family Court, Ettumanoor are equidistant from the place where the respondent - husband is residing. In such circumstances, consolidation of
TR.P(C)NOS.711 & 712/2023 4
the matters is sought for by virtue of the two transfer petitions afore referred.
the Hon'ble Supreme Court in Sumita Singh v. Kumar Sanjay & another [(2001) 10 SCC 41], the convenience of the wife is certainly a matter to be taken into consideration while fixing the forum for adjudication of matrimonial disputes.
Having heard the learned counsel appearing on both sides and having considered the facts and circumstances, these Transfer Petitions are allowed directing transfer of O.P.No.527 of 2022 and O.P.No.167 of 2021 pending before the Family Court, Pala, to the Family Court, Ettumanoor, for being considered along with two Original Petitions which are already pending in that court. The transferor court shall transmit all the records to the transferee court forthwith.
Sd/-
C. JAYACHANDRAN JUDGE
csl
TR.P(C)NOS.711 & 712/2023 5
APPENDIX OF TR.P(C) 711/2023
PETITIONER'S ANNEXURES
Annexure A TRUE COPY OF THE O.P. NO. 527 OF 2022 ON THE FILE OF FAMILY COURT, PALA
TR.P(C)NOS.711 & 712/2023 6
APPENDIX OF TR.P(C) 712/2023
PETITIONER'S ANNEXURES
Annexure A TRUE COPY OF THE O.P. NO. 167 OF 2021 ON THE FILE OF FAMILY COURT, PALA
1 issue framed by the court
Whether the separate matrimonial petitions pending before Family Court, Pala should be transferred to Family Court, Ettumanoor for consolidation.
Colour shows how this judgement treated each authority
Sumita Singh v. Kumar Sanjay & anotherExplained¶41
Sumita Singh v. Kumar Sanjay & another [(2001) 10 SCC 41] · Who else cites this
1 provisions across 1 enactments
JINTA JOB
ANIL J PULLOLIL
JOBY JOSEPH
KOCHU RANI JOBY
C. JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
C. JAYACHANDRAN
Parties & counsel
