Julie Mariam John v. Manoj Varghese T

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Bechu Kurian Thomas
Judgment Date: 2024-07-30
Court Decision / Holding: Transfer petitions allowed; O.P.483/2023 and MC/87/2023 from Family Court, Aluva, shall stand transferred to the Family Court, Thiruvalla. The Family Court, Aluva, to transmit records without undue delay. The Thiruvalla court to dispose of the divorce case at the earliest and the overall objective is to secure a convenient forum for both parties.
Final Disposition: Transfer petitions allowed; cases transferred to Family Court, Thiruvalla; records to be transmitted; divorce case to be disposed of at the earliest.

Parties to the Case

Appellants / Petitioners

JULIE MARIAM JOHN

Respondents

MANOJ VARGHESE T

Legal Representation & Advocates

Counsels for Petitioners

• Joby Cyriac
• Kurian K Jose
• Devika T.R.

Counsels for Respondents

• Maya T S
• K.A. Sunitha

Case Synopsis & Summary

Julie Mariam John, the petitioner-wife, moved two transfer petitions before the Kerala High Court seeking transfer of two Family Court proceedings from Aluva to a more convenient forum: MC No.87/2023 (maintenance) and OP No.483/2023 (divorce) pending in Aluva. The divorce petition originated in Ernakulam and was transferred to the Family Court, Aluva, on its constitution. In 2024, after relocating to Pathanamthitta to live with her mother, she sought transfer to Pathanamthitta or a nearby court, arguing inconvenience at Aluva and highlighting a need for convenience for both parties. The respondent opposed automatic transfer and invoked prior authorities including Anindita Das v. Srijit Das, Vidhya Mundekkat v. Akhilesh Jayaram, and Silpa Shaji v. Satheesh K.S. The High Court, however, found that while there is no universal rule mandating transfer for every such request, the facts favored transferring both cases to a mutually convenient forum. Noting the petitioner’s move to Pathanamthitta and her mother’s residence there, the court identified Thiruvalla (within Pathanamthitta District and with better rail connectivity) as a convenient forum for the proceedings. The cited decisions were distinguished on facts. Accordingly, the Court allowed the transfers, directing the Family Court, Thiruvalla, to take up and dispose of the proceedings at the earliest, and to transmit records from Aluva without undue delay.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner argues that she shifted residence to Pathanamthitta to stay with her mother after being allegedly removed from the matrimonial home, and that transfer of both cases to a more convenient forum (Thiruvalla) would reduce hardship and ensure prompt disposition. She contends that Thiruvalla is closer (about 22 km from Pathanamthitta) and offers better connectivity, making it a reasonable forum for both parties.

Contentions of Respondents

The respondent asserts that granting transfer is not a matter of automatic convenience for the wife and relies on precedents (Anindita Das v. Srijit Das; Vidhya Mundekkat v. Akhilesh Jayaram; Silpa Shaji v. Satheesh K.S and Others) to argue against liberal transfer when not warranted by facts.

Cited Precedents (3)

Case Name	Citation	Treatment	Explanation
Anindita Das v. Srijit Das	(2006) 9 SCC 197	Distinguished	Court distinguished this decision on the facts and did not apply it to justify transfer.
Vidhya Mundekkat v. Akhilesh Jayaram	2021 (6) KHC 506	Distinguished	Court distinguished on facts; not applicable to the present case.
Silpa Shaji v. Satheesh K.S and Others	2022 (1) KHC 691	Distinguished	Court distinguished on facts; not controlling guidance for the facts.

Extracted Judgment Text

Exact text extracted from official judgment records.

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 30[TH] DAY OF JULY 2024 / 8TH SRAVANA, 1946 TR.P(CRL.) NO. 33 OF 2024 IN MC NO.87 OF 2023 OF FAMILY COURT, ALUVA ``` ## **`PETITIONER:`** ``` JULIE MARIAM JOHN AGED 49 YEARS D/O. K M JOHN, RESIDING AT KOTTUPPAIL RAJ BHAVAN ELANTHOOR P O, PATHANAMTHITTA, PIN – 689643 ``` ``` BY ADVS. JOBY CYRIAC KURIAN K JOSE DEVIKA T.R. ``` ## **`RESPONDENT:`** ``` MANOJ VARGHESE T S/O. T C VARGHESE, RESIDING AT THARAYIL TOURIST HOME, MARKET ROAD, ALUVA VILLAGE, ALUVA TALUK, ERANKULAM, PIN – 683101 ``` ``` BY ADVS. MAYA T S K.A.SUNITHA(K/347/2003) ``` ``` THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.07.2024, ALONG WITH Tr.P(C).167/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` Tr.P.(Crl.) No.33 of 2024 & Tr.P.(C) No.167 of 2024 -:2:- ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 30[TH] DAY OF JULY 2024 / 8TH SRAVANA, 1946 TR.P(C) NO. 167 OF 2024 IN OP NO.483 OF 2023 OF FAMILY COURT, ALUVA ``` ## **`PETITIONER/RESPONDENT:`** ``` JULIE MARIAM JOHN AGED 49 YEARS D/O. K M JOHN, RESIDING AT KOTTUPPAIL RAJ BHAVAN ELANTHOOR P O, PATHANAMTHITTA,PIN.689643 ``` ``` BY ADVS. JOBY CYRIAC KURIAN K JOSE ``` ## **`RESPONDENT/PETITIONER:`** ``` MANOJ VARGHESE T AGED 50 YEARS S/O. T C VARGHESE, RESIDING AT THARAYIL TOURIST HOME, MARKET ROAD, ALUVA VILLAGE, ALUVA TALUK, ERANKULAM, PIN – 683101 ``` ``` BY ADVS. MAYA T S K.A.SUNITHA(K/347/2003) ``` ``` THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.07.2024, ALONG WITH Tr.P(Crl.).33/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` Tr.P.(Crl.) No.33 of 2024 & Tr.P.(C) No.167 of 2024 -:3:- ## **BECHU KURIAN THOMAS, J.** ## **--------------------------------------Tr.P.(Crl.) No.33 of 2024 & Tr.P.(C) No.167 of 2024** **---------------------------------------** Dated this the 30[th] day of July, 2024 ## **ORDER** Petitioner is the wife and has preferred M.C.No.87/2023 before the Family Court, Aluva. She is the respondent in O.P.No.483/2023 before the same court. The latter of the above two cases is for divorce, while the former is for maintenance, and both are pending. The divorce petition was filed at Ernakulam based on territorial jurisdiction, which was subsequently transferred to the Family Court at Aluva on its constitution. In the meantime, petitioner shifted her residence from her matrimonial home at Aluva to her permanent residence at Pathanamthitta in 2024 to live along with her mother. Thereafter, petitioner preferred these two transfer petitions seeking transfer of the cases to Pathanamthitta. 2. I have heard Sri.Joby Cyriac, the learned counsel for the petitioner and Smt.T.S.Maya, the learned counsel for the respondent. 3. The learned counsel for the respondent referred to the decisions in **Anindita Das v. Srijit Das** [(2006) 9 SCC 197], **Vidhya Mundekkat v. Akhilesh Jayaram** [2021 (6) KHC 506] and in **Silpa Shaji v. Satheesh K.S and Others** [2022 (1) KHC 691], and canvassed for the Tr.P.(Crl.) No.33 of 2024 & Tr.P.(C) No.167 of 2024 ## -:4:- proposition that the wife is attempting to misuse and take advantage of her position as a woman, and it is not an invariable rule that whenever a request is made by a wife pointing out inconvenience, to transfer the case according to her convenience. 4. True that it is not an invariable or inviolable rule that whenever a wife asks for transfer of the case to the place of her choice, it should be automatically granted. However, in the instant case, the petitioner is alleged to have been removed from her matrimonial house, and despite staying in Ernakulam for sometime separately, she had to move to her permanent residence at Pathanamthtta. Taking into reckoning the circumstances arising in the case, especially the allegation that petitioner was allegedly removed from her matrimonial house, I deem it appropriate that both the cases are transferred to another Family Court, reasonably convenient to both parties. 5. The decisions referred to by the learned counsel for the respondent can be distinguished on facts. In the present case, petitioner’s mother lives alone allegedly at Pathanamthitta and after petitioner was thrown out of the matrimonial house, she moved to Pathanamthitta to stay with her mother. The distance from Pathanamthitta to Aluva is more than 270 kms but there is no direct rail connectivity from Aluva. However, there is a Family Court at Thiruvalla which is within the Pathanamthitta District itself and accessibility to Thiruvalla could be more convenient to Tr.P.(Crl.) No.33 of 2024 & Tr.P.(C) No.167 of 2024 -:5:- the respondent than Pathanamthitta due to rail connectivity. The distance from Pathanamthitta to Thiruvalla is only around 22 kms and hence the court at Thiruvalla will be a convenient forum in the interests of both parties. 6. Accordingly, O.P.No.483/2023 and M.C.No.87/2023 both from the Family Court, Aluva shall stand transferred to the Family Court, Thiruvalla. The Family Court at Aluva shall transmit the records of both the above cases without undue delay, and the cases shall be considered by the Family Court, Thiruvalla, hereafter. Since the divorce case is of the year 2019 the Family Court, Thiruvalla, shall take every endeavour to dispose of the case at the earliest. Transfer petitions are allowed as above. Sd/- **BECHU KURIAN THOMAS JUDGE** Jka/30.07.24. Tr.P.(Crl.) No.33 of 2024 & Tr.P.(C) No.167 of 2024 -:6:- ## **`APPENDIX OF TR.P(CRL.) 33/2024`** ## **`PETITIONER’S ANNEXURES`** ``` ANNEXURE A1TRUE COPY OF THE INJUNCTION ORDER DATED 17/06/2019 OF THE MUNSIFF COURT, ALUVA IN IA NO.993/2019 IN OS NO.220/2019 ``` ``` ANNEXURE A2TRUE COPY OF THE M.C. NO. 159/2020 BEFORE THE FAMILY COURT ERNAKULAM WHICH IS RENUMBERED AS MC 87/2023 BEFORE THE FAMILY COURT, ALUVA ``` - **`ANNEXURE A3 TRUE COPY OF THE ORDER IN MP 407/2020 IN MC 159/2020 DATED 28/09/2022 BEFORE THE FAMILY COURT, ERNAKULAM`** - **`ANNEXURE A4 TRUE COPY OF THE RATION CARD OF THE PETITIONER'S MOTHER`** - **`ANNEXURE A5 TRUE COPY OF PETITIONER'S AADHAAR CARD NO. 3443 5783 5785`** - **`ANNEXURE A6 TRUE COPY OF PETITIONER'S ELECTION ID CARD NO. BLD1889890`** - **`RESPONDENT ANNEXURES`** - **`ANNEXURE R-1[a] TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN OS 220/2019 DATED 287-2019 PENDING BEFORE THE ALUVA MUNSIFF COURT.`** - **`ANNEXURE R-1[b] TRUE COPY OF THE MC 27/2022 FILED BY THE PETITIONER DATED 20/10/22 PENDING BEFORE THE HONBLE ACJM ERNAKULAM`** - **`ANNEXURE R-1[c] TRUE COPY OF THE PROOF AFFIDAVIT FILED BY THE PETITIONER IN ANNEXURE R-1[B] DATED 25-9-2023`** - **`ANNEXURE R-1[d] TRUE COPY OF THE PAND L AFFIDAVIT FILED BY`** Tr.P.(Crl.) No.33 of 2024 & Tr.P.(C) No.167 of 2024 ## -:7:- ``` THE PETITIONER IN ANNEXURE R-1[B] DATED 25-9-2023 ``` ``` ANNEXURE R-1[e] ``` ``` ANNEXURE R-1[f] ``` ``` ANNEXURE R-1[g] ``` ``` ANNEXURE R-1[h] ``` ``` TRUE COPY OF THE DEPOSITION OF THE PETITIONER IN ANNEXURE R-1[B] DATED 3-2- 2024 ``` ``` TRUE COPY OF PETITION IN OP 483/2019 PENDING BEFORE THE FAMILY COURT ALUVA FILED BY THE RESPONDENT DATED 4-12-2019 [ORIGINALLY FILED BEFORE THE FAMILY COURT ERNAKULAM AS OP 2899/2019 ] ``` ``` OBJECTION FILED BY THE PETITIONER IN ANNEXURE R-1[F] DATED 19-8-2020 ``` ``` TRUE COPY OF THE DIVORCE DECREE PASSED IN ANNEXURE R-1F] BY THE HONBLE FAMILY COURT ALUVA DATED 1-9-2023 ``` Tr.P.(Crl.) No.33 of 2024 & Tr.P.(C) No.167 of 2024 -:8:- ## **`APPENDIX OF TR.P(C) 167/2024`** ## **`PETITIONER‘S ANNEXURES`** ``` Annexure A1TRUE COPY OF THE INJUNCTION ORDER DATED 17/06/2019 OF THE MUNSIFF COURT, ALUVA IN IA NO.993/2019 IN OS NO.220/2019 ``` ``` Annexure A2TRUE COPY OF THE DIVORCE PETITION OP NO.2899/2019 BEFORE THE FAMILY COURT, ERNAKULAM ``` ``` Annexure A3TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN OP NO.2899/2019 BEFORE THE FAMILY COURT, ERNAKULAM ``` ``` Annexure A4TRUE COPY OF THE ORDER DATED 28/09/2020 IN MP NO.407/2020 IN MC NO.159/2020 ``` ``` RESPONDENT’S ANNEXURES ``` - **`ANNEXURE R-1[a] TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN OS220/2019 DATED JULY 2019 [DATE NOT MENTIONED IN THE GIVEN COPY ]`** - **`ANNEXURE R-1[b]`** ``` TRUE COPY OF THE MC 27/2022 FILED BY THE PETITIONER PENDING BEFORE THE HONBLE ACJM ERNAKULAM DATED 20-10-2023 ``` ``` ANNEXURE R-1[c] ``` - **`TRUE COPY OF THE PROOF AFFIDAVIT FILED BY THE PETITIONER IN ANNEXURE R-1[B] 25-92023`** ``` ANNEXURE R-1[d]TRUE COPY OF THE PAND L AFFIDAVIT FILED BY THE PETITIONER IN ANNEXURE R-1[B] DATED 25-9-2023 ``` - **`ANNEXURE R-1[e] TRUE COPY OF THE DEPOSITION OF THE PETITIONER IN ANNEXURE R-1[B] DATED 3-22024`** Tr.P.(Crl.) No.33 of 2024 & Tr.P.(C) No.167 of 2024 -:9:- ``` ANNEXURE R-1[f] ``` ``` TRUE COPY OF THE DIVORCE DECREE PASSED BY THE HONBLE FAMILY COURT ALUVA IN OP 483/2023 [ANNEXURE A-2] DATED 1-9-2023 ```