Allowed

Ancy John v. Betts J

Kerala HC4 Jan 2024Tr.P(C)/850/2023

Case brief

AI extract

What is this about?

Wife sought transfer of two matrimonial original petitions from Family Court Thrissur to Family Court Aluva for her convenience. Relying on the principle that the wife's convenience is a relevant consideration in fixing forum in matrimonial disputes, the court allowed the transfers and directed priority trial at Aluva.

What did the court decide?

O.P. Nos. 1013/2019 and 1518/2022 transferred to Family Court, Aluva; records to be transmitted forthwith and cases prioritised for trial.

Ancy John Vs Betts J — Matrimonial and Divorce | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
THURSDAY, THE 4TH DAY OF JANUARY 2024 / 14TH POUSHA, 1945

¶4

TR.P(C) NO. 848 OF 2023

¶5

AGAINST THE ORDER/JUDGMENT OP 1013/2019 OF FAMILY COURT,THRISSUR

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PETITIONER/PETITIONER:

¶7

ANCY JOHN
AGED 42 YEARS
D/O M.A.JOHN, MOOLAN HOUSE, VAPPALASSERY P.O,
NEDUMBASSERY VILLAGE, ANGAMALY, ALUVA TALUK,
ERNAKULAM DISTRICT, PIN - 683572
BY ADVS.
AJAI JOHN
V.M.SAJAN

¶8

RESPONDENT:

¶9

BETTS J
AGED 52 YEARS
S/O OUSEPH, ELUVATHINGAL HOUSE, KANIMANGALAM
P.O, KANIMANGALAM DESOM, KANIMANGALAM VILLAGE,
THRISSUR TALUK, THRISSUR DISTRICT
PIN - 680027
BY ADV PREMCHAND M M

¶10

THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.01.2024, ALONG WITH Tr.P(C).850/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶11

Tr.P(C) No.848 of 2023 &
Tr.P(C) No.850 of 2023

¶12

¶13

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶14

PRESENT

¶15

THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

¶16

THURSDAY, THE 4TH DAY OF JANUARY 2024 / 14TH POUSHA, 1945

¶17

TR.P(C) NO. 850 OF 2023

¶18

AGAINST THE ORDER/JUDGMENT OP 1518/2022 OF FAMILY

¶19

COURT,THRISSUR

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PETITIONER/RESPONDENT:

¶21

ANCY JOHN
AGED 46 YEARS
D/O M.A.JOHN, MOOLAN HOUSE, VAPPALASSERY P.O,
NEDUMBASSERY VILLAGE, ANGAMALY, ALUVA TALUK,
ERNAKULAM DISTRICT, PIN - 683572

¶22

BY ADVS.
AJAI JOHN
V.M.SAJAN

¶23

RESPONDENT/PETITIONER:

¶24

BETTS J

¶25

AGED 55 YEARS

¶26

S/O OUSEPH, ELUVATHINGAL HOUSE, KANIMANGALAM P.O,
KANIMANGALAM DESOM, KANIMANGALAM VILLAGE,
THRISSUR TALUK, THRISSUR DISTRICT, PIN - 680027
BY ADV PREMCHAND M M

¶27

THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.01.2024, ALONG WITH Tr.P(C).848/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶28

Tr.P(C) No.848 of 2023 &
Tr.P(C) No.850 of 2023

¶29

¶30

O R D E R

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[Tr.P(C) Nos.848/2023, 850/2023]

¶32

These are applications preferred by the
petitioner/wife seeking transfer of O.P. Nos.
1013/2019 and 1518/2022 pending before the Family
Court, Thrissur to the Family Court, Aluva. The
transfer is sought for on the premise of the
convenience of the petitioner, who is residing
within the jurisdictional limits of the Family
Court, Aluva.

¶33

2. These applications were opposed by the
learned counsel for the respondent/husband,
pointing out that the matters are ripe for trial
and transfer at this stage will only prejudice the
interest of both the parties. It was also pointed
out that the petitioner was residing at Aluva even
at the time of institution of the above referred
Original Petitions.

¶34

Tr.P(C) No.848 of 2023 &
Tr.P(C) No.850 of 2023

¶35

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3. Having heard the learned counsel appearing
on both sides, this Court is inclined to allow the
transfers sought for. This Court takes note of the
legal position that in matrimonial disputes, the
convenience of the wife is surely a matter to be
taken into consideration, while fixing the forum
for adjudication, as held by the Supreme Court in a
catena of cases, including N.C.V. Aishwaryav. A.S.
Saravana Karthik Sha[AIR 2022 SC 4318].

¶37

In the circumstances, these transfer petitions
are allowed and O.P. Nos.1013/2019 and 1518/2022,
both pending before the Family Court, Thrissur are
directed to be transferred to the Family Court,
Aluva. The transferer Court shall transmit the
entire records of the above cases to the transferee
court, forthwith. In view of the fact that the
Original Petitions were due for trial, this Court

¶38

Tr.P(C) No.848 of 2023 &
Tr.P(C) No.850 of 2023

¶39

¶40

directs the learned Family Judge, Aluva to
prioritise the above referred two Original
Petitions for the purpose of trial and disposal.

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Sd/C.JAYACHANDRAN, JUDGE

¶42

BR

¶43

Tr.P(C) No.848 of 2023 &
Tr.P(C) No.850 of 2023

¶44

¶45

APPENDIX OF TR.P(C) 848/2023

¶46

PETITIONER'S ANNEXURES
Annexure A1TRUE COPY OF THE OP/1013/2019 ALONG WITH
ATTACHMENT PETITION FILED BY THE
PETITIONER BEFORE THE HON'BLE FAMILY
COURT THRISSUR.
Annexure A2TRUE COPY OF OBJECTIONS IN OP/1013/2019
FILED BY THE RESPONDENT BEFORE THE
HON'BLE FAMILY COURT THRISSUR.
Annexure A3TRUE COPY OF DAILY PROCEEDINGS IN
OP/1013/2019 TAKEN FROM E-COURTS

¶47

RESPONDENT'S ANNEXURES: NIL

¶48

Tr.P(C) No.848 of 2023 &
Tr.P(C) No.850 of 2023

¶49

¶50

APPENDIX OF TR.P(C) 850/2023

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PETITIONER’S ANNEXURES

¶52

Annexure A1TRUE COPY OF OP/1518/2022 FILED BY THE
RESPONDENT BEFORE THE HON'BLE FAMILY
COURT, THRISSUR.
Annexure A2TRUE COPY OF OBJECTION IN OP/1518/2022
FILED BY THE PETITIONER BEFORE THE
HON'BLE FAMILY COURT THRISSUR.
Annexure A3TRUE COPY OF DAILY PROCEEDINGS IN
OP/1518/2022 TAKEN FROM E-COURTS

¶53

RESPONDENT’S ANNEXURES: NIL

Ancy John v. Betts J

Case brief

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Ancy John v. Betts J

Case brief

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