High Court of KeralaSingle JudgeTransfer of OP Nos. 670/2020 and 671/2020 from ...

Jane Leela Varghese v. Mathew Joseph Palamoottil

Case / Petition Number:Tr.P(C).440/2020; Tr.P(C).441/2020

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Shircy V.
Judgment Date
2020-12-22
Court Decision / Holding
The petitions are allowed. O.P. Nos. 670/2020 and 671/2020 filed in the Family Court, Mavelikkara are withdrawn and transferred to the Family Court, Pathanamthitta. The Learned Judge, Family Court, Mavelikkara shall transmit the records of these cases to Pathanamthitta after fixing a date for appearance of the parties before the transferee court.
Final Disposition
Transfer of OP Nos. 670/2020 and 671/2020 from Family Court, Mavelikkara to Family Court, Pathanamthitta; withdrawal of petitions from Mavelikkara; transmission of records to Pathanamthitta after setting appearance date.

Parties to the Case

Appellants / Petitioners

  • Jane Leela Varghese

Respondents

  • Mathew Joseph Palamoottil
  • Joseph Palamoottill Thomas
  • Elizabeth Joseph

Legal Representation & Advocates

Counsels for Petitioners

  • • Nobel Raju
  • • C. R. Jayakumar
  • • P. K. Vinaya

Case Synopsis & Summary

These transfers petitions arise from two matrimonial matters pending before the Family Court, Mavelikkara: O.P.670/2020 (for dissolution of marriage) and O.P.671/2020 (realisation of patrimony, contributions and damages). The petitioner, Jane Leela Varghese, asserts marital discord and abandonment by her husband, and states she is a permanent resident of Pathanamthitta District. The Family Court at Mavelikkara is located over 50 kms from her residence, creating undue hardship to attend proceedings, especially given the distance and her status as a woman in distress. The respondent opposed the petitions. The High Court reiterates a well-settled principle in matrimonial transfers: the convenience and welfare of the wife should be preferred over that of the husband, citing precedent (Sumita Singh v. Kumar Sanjay; Sailaja V. v. V. Koteswara Rao; Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi). On this basis, the Court allows the transfers, directing that OP Nos. 670 and 671 of 2020 be withdrawn from the Family Court, Mavelikkara and transferred to the Family Court, Pathanamthitta. The learned Judge of the Mavelikkara court is to transmit the records to Pathanamthitta after fixing a date for appearance of the parties before the transferee court. This order prioritises the petitioner’s convenience and access to justice in a domestic disputes context.

Legal Doctrines & Maxims

  • Convenience of the wife to be preferred over the convenience of the husband in transfer petitions (matrimonial disputes).

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that ongoing matrimonial discord and abandonment by the respondent necessitate transfer to a court closer to Pathanamthitta, where she resides. The distance to the Family Court at Mavelikkara (over 50 km) would cause considerable hardship and impede effective participation in proceedings. The petitioner seeks transfer to Pathanamthitta to secure access to justice and ensure her presence is feasible in proceedings related to dissolution of marriage and patrimony.

Contentions of Respondents

The respondents’ counsel opposed the transfer petitions, disputing the grounds raised and arguing that there is no sufficient justification to relocate the proceedings away from the current forum. The record before the court does not provide additional reasons warranting a transfer, and the respondent contends that the petitioner’s convenience alone should not govern the venue choice.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Sumita Singh v. Kumar Sanjay2002 KHC 1889PositiveCited to support the proposition that a wife’s convenience prevails in matrimonial transfer petitions.
Sailaja V. v. V. Koteswara Rao2003 KHC 3105PositiveCited for the principle that the wife’s convenience is given priority in transfer considerations.
Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi2005 12 SCC 237PositiveSupreme Court authority reinforcing the preference for the wife’s convenience in relevant transfers.

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Extracted Judgment Text

Exact text extracted from official judgment records.

[ Tr.P(C).440/2020, Tr.P(C).441/2020 ] 1 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE SHIRCY V.** **TUESDAY, THE 22ND DAY OF DECEMBER 2020 / 1ST POUSHA, 1942** **Tr.P(C).No.440 OF 2020** **AGAINST THE ORDER IN OP 670/2020 OF FAMILY COURT, MAVELIKKARA** ## **PETITIONER/PETITIONER:** **JANE LEELA VARGHESE AGED 33 YEARS D/O.P.V.VARGHESE AND W/O.MATHEW JOSEPH, PALAMOOTTIL, PALAMALA PUTHEN VEEDU, KALANJOOR (PO), KOODAL, KONNI TALUK, PATHANAMTHITTA 689 694** **BY ADVS. SRI.NOBEL RAJU SRI.C.R.JAYAKUMAR SMT.P.K.VINAYA** ## **RESPONDENT/RESPONDENT** **MATHEW JOSEPH PALAMOOTTIL AGED 39 YEARS S/O.JOSEPH PALAMOOTTIL THOMAS, PALAMOOTTIL HOUSE, GOVT.HOSPITAL JUNCTION, CHENGANNUR P.O., CHENGANNUR TALUK, ALAPPUZHA DISTRICT-689 121** **THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2020, ALONG WITH Tr.P(C).441/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** [ Tr.P(C).440/2020, Tr.P(C).441/2020 ] 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MRS. JUSTICE SHIRCY V.** **TUESDAY, THE 22ND DAY OF DECEMBER 2020 / 1ST POUSHA, 1942** **Tr.P(C).No.441 OF 2020** **AGAINST THE ORDER IN OP 671/2020 OF FAMILY COURT, MAVELIKKARA** ## **PETITIONER/PETITIONER** **JANE LEELA VARGHESE AGED 33 YEARS D/O P V VARGHESE AND W/O MATHEW JOSEPH, PALAMOOTTIL, PALAMALA PUTHEN VEEDU, KALANJOOR (PO), KOODAL,KONNI TALUK, PATHANAMTHITTA-689694.** **BY ADVS. SRI.NOBEL RAJU SRI.C.R.JAYAKUMAR SMT.P.K.VINAYA** ## **RESPONDENTS/RESPONDENTS:** **1 MATHEW JOSEPH PALAMOOTTIL AGED 39 YEARS S/O JOSEPH PALAMOOTTIL THOMAS, PALAMOOTTIL HOUSE, GOVT HOSPITAL JUNCTION, CHENGANNUR PO, CHENGANNUR TALUK, ALAPPUZHA DISTRICT-689121. 2 JOSEPH PALAMOOTTIL THOMAS AGED 70 YEARS PALAMOOTTIL HOUSE, GOVT HOSPITAL JUNCTION, CHENGANNUR PO, CHENGANNUR TALUK, ALAPPUZHA DISTRICT-689121.** **3 ELIZABETH JOSEPH AGED 67 YEARS** [ Tr.P(C).440/2020, Tr.P(C).441/2020 ] 3 **W/O JOSEPH PALAMOOTTIL THOMAS, PALAMOOTTIL HOUSE, GOVT HOSPITAL JUNCTION, CHENGANNUR PO, CHENGANNUR TALUK, ALAPPUZHA DISTRICT-689121.** **THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2020, ALONG WITH Tr.P(C).440/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** [ Tr.P(C).440/2020, Tr.P(C).441/2020 ] 4 ## **ORDER** **[ Tr.P(C).440/2020, Tr.P(C).441/2020 ]** ## **Dated this the 22nd day of December 2020** Tr.P(C)No.440 of 2020 is filed by the petitioner in O.P.No.670 of 2020 on the file of the Family Court, Mavelikkara seeking transfer of the said O.P to the Family Court, Pathanamthitta. The said O.P is filed by the petitioner herein for dissolution of marriage. 2. Tr.P(C)No.441 of 2020 is filed by the petitioner in O.P.No.671 of 2020 on the file of the Family Court, Mavelikkara seeking transfer of the said O.P to the Family Court, Pathanamthitta. The said O.P is filed by the petitioner herein for realisation of patrimony, contributions and damages. **==> picture [432 x 12] intentionally omitted <==** submitted that due to the marital discord, the respondent has abandoned the petitioner. It is also submitted that she [ Tr.P(C).440/2020, Tr.P(C).441/2020 ] 5 is a permanent resident of Pathanamthitta District and the Family Court, Mavelikkara is situated more than 50 km away from her home. So, it is extremely difficult for her to attend the Family Court, Mavelikkara to contest the cases filed by her. 4. The learned Counsel for the respondent has vehemently opposed the application. 5. It is well settled that in matrimonial disputes, while considering transfer petitions, the convenience of the wife is to be preferred over the convenience of the husband. (See Sumita Singh vs. Kumar Sanjay (2002 KHC 1889), Sailaja V v. V.Koteswara Rao (2003 KHC 3105) and Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi [(2005) 12 SCC 237]. 6. Therefore, taking into consideration of the convenience of the lady, I think that these petitions can be allowed as prayed for and the cases can be transferred to the Family Court, Pathanamthitta. Hence, O.P()Nos.670 and 671 of 2020 on the file of the Family Court, Mavelikkara are withdrawn and transferred to the Family Court, Pathanamthitta. The [ Tr.P(C).440/2020, Tr.P(C).441/2020 ] 6 learned Judge, Family Court, Mavelikkara shall transmit the records of O.P.Nos.670 and 671 of 2020 to the Family Court, Pathanamthitta after fixing a date for appearance of the parties before the transferee court. Sd/- SHIRCY V JUDGE smm [ Tr.P(C).440/2020, Tr.P(C).441/2020 ] 7 ## **APPENDIX OF Tr.P(C) 440/2020** ## **PETITIONER'S/S EXHIBITS:** **ANNEXURE A1** **A TRUE COPY OF THE PETITION IN O.P.NO.670/2020 FILED BY THE PETITIONER, PENDING BEFORE THE FAMILY COURT, MAVELIKKARA** [ Tr.P(C).440/2020, Tr.P(C).441/2020 ] 8 ## **APPENDIX OF Tr.P(C) 441/2020** ## **PETITIONER'S/S EXHIBITS:** **ANNEXURE A1** **A TRUE COPY OF THE PETITION IN OP NO.671/2020 FILED BY THE PETITIONER, PENDING BEFORE THE FAMILY COURT, MAVELIKKARA.**