High Court of KeralaSingle JudgeTransfer petitions dismissed; maintain status q...

Mohandas P.K. v. Jalaja Augustine

Case / Petition Number:Tr.P.(C) Nos.695, 693 & 696/2019

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Basant Balaji
Judgment Date
2022-06-08
Court Decision / Holding
Transfer petitions dismissed; the court held that the hardship to the respondent (wife) traveling from Kattappana to Thrissur outweighed the petitioner's asserted burden. The Family Court, Kattappana was directed to insist on personal appearance of the petitioner only for postings where physical presence is required, thereby preventing a transfer of the proceedings to Thrissur.
Final Disposition
Transfer petitions dismissed; maintain status quo; personal appearance of the petitioner to be insisted by the Family Court, Kattappana only on postings requiring physical presence.

Parties to the Case

Appellants / Petitioners

  • Mohandas P.K.

Respondents

  • Jalaja Augustine

Legal Representation & Advocates

Counsels for Petitioners

  • • Adv. Jithin Babu A

Counsels for Respondents

  • • Adv. Joby Joseph
  • • Adv. Baby Thomas George T.J
  • • Adv. Alicia Jose

Case Synopsis & Summary

This is a batch of Transfer Petitions (Civil) filed by the husband Mohandas P.K. seeking transfer of cases pending before the Family Court at Kattappana (OP Nos. 273/2019 and 413/2019, MC 116/2019) to the Family Court at Thrissur. The petitions Tr.P(C) Nos. 695/2019, 693/2019 and 696/2019 challenge the territorial jurisdiction and convenience of the current forum, arguing that travel from his residence (~190 km to Kattappana) is burdensome given his age (57) and medical ailments, and that he also homestead and cares for his elder bedridden sister. The respondent Jalaja Augustine counters that she currently resides in Upputhodu, Idukki, since 2019, with her aging father (88) and her cardiac mother, making relocation and travel to Thrissur impractical for her; she further alleges the petitioner’s threats on several occasions. The court heard both sides and weighed hardship to the petitioner against hardship to the respondent. It expressly considered the Apex Court decisions Sumita Singh v. Kumar Sanjay (2001) 10 SCC 41 and Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi (2005) 12 SCC 237, and noted a broad spectrum of other authorities. Ultimately, the court refused to transfer the cases, holding that such transfer would cause prejudice to the respondent. Personal appearance of the petitioner was to be insisted by the Kattappana Court only on postings requiring physical presence.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argue that the Family Court at Kattappana is distant (approximately 190 km from the petitioner’s residence), making regular attendance and case proceedings unduly burdensome given the petitioner’s age (57) and health conditions, and his responsibility to care for an elderly, bedridden sister. He contends that transferring all cases to the Family Court, Thrissur would be more convenient and humane, reduce harassment allegedly faced in Kattappana, and ensure timely management of divorce, maintenance, and related reliefs. He asserts his earlier mobility to Mumbai demonstrates his ability to travel if necessary and emphasizes the need to avoid unnecessary hardship given the petitioner’s family obligations.

Contentions of Respondents

The respondent contests the transfer, arguing that she currently lives in Upputhodu, Idukki since 2019 with her aging father (88) and a cardiac mother, making travel to Thrissur impractical. She notes that the petitioner previously worked in Mumbai and thus could travel, but now the hardship would fall on her, not the petitioner. She alleges threats by the petitioner and prays for dismissal of the transfer petitions, submitting that the cause of action remains within Kattappana’s jurisdiction and that relocation would unfairly prejudice her ongoing divorce and maintenance proceedings.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Sumita Singh v. Kumar Sanjay(2001) 10 SCC 41PositiveCited by the judge to support the proposition that the hardship to the respondent must be weighed against the petitioner’s convenience and that transfer should not be ordered where it causes undue hardship to the other party.
Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi(2005) 12 SCC 237PositiveCited as part of the Apex Court’s controlling principle on transfer petitions, reinforcing that serious hardship to the respondent can justify refusal of transfer.

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Extracted Judgment Text

Exact text extracted from official judgment records.

IN THE HIGH COURT OF KERALA AT ERNAKULAM ## PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI WEDNESDAY, THE 8[TH] DAY OF JUNE 2022 / 18TH JYAISHTA, 1944 ## TR.P(C) NO. 695 OF 2019 IN OP 273/2019 OF FAMILY COURT, KATTAPPANA ## PETITIONER/S: MOHANDAS P.K., AGED 57 YEARS S/O KUNJUNNI, POTTEKATTU HOUSE, ALAPADU P.O, CHAZHOOR VILLAGE, ANTHIKKAD TALUK, THRISSUR DISTRICT 680 641 BY ADV JITHIN BABU A ## RESPONDENT/S: JALAJA AUGUSTINE, AGED 42 YEARS MANJAKUZHAYIL HOUSE, VIMALAGIRI P.O, THADIYAMPADU KARA, UPPUTHODU VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT - 685 604 BY ADVS. SRI.JOBY JOSEPH, BABY THOMAS GEORGE T.J(K/1459/2020) ALICIA JOSE(K/001437/2021) THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.06.2022, ALONG WITH Tr.P(C).693/2019, 696/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **Tr.P.(C) Nos.695, 693 & 696/2019** **-2-** IN THE HIGH COURT OF KERALA AT ERNAKULAM ## PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI WEDNESDAY, THE 8[TH] DAY OF JUNE 2022 / 18TH JYAISHTA, 1944 ## TR.P(C) NO. 693 OF 2019 IN OP 413/2019 OF FAMILY COURT, KATTAPPANA PETITIONER/S: MOHANDAS P.K., AGED 57 YEARS S/O.KUNJUNNI, POTTEKKATTU HOUSE, ALAPADU P.O., CHAZHOOR VILLAGE, ANTHIKKAD TALUK, THRISSUR DISTRICT - 680 641. BY ADV JITHIN BABU A ## RESPONDENT/S: JALAJA AUGUSTINE, AGED 42, MANJAKUZHAYIL HOUSE, VIMALAGIRI P.O., THADIYAMPADU KARA, UPPUTHODU VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT - 685 604. BY ADVS. SRI.JOBY JOSEPH, BABY THOMAS GEORGE T.J(K/1459/2020) ALICIA JOSE(K/001437/2021) THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.06.2022, ALONG WITH Tr.P(C).695/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **Tr.P.(C) Nos.695, 693 & 696/2019** **-3-** IN THE HIGH COURT OF KERALA AT ERNAKULAM ## PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI WEDNESDAY, THE 8[TH] DAY OF JUNE 2022 / 18TH JYAISHTA, 1944 ## TR.P(C) NO. 696 OF 2019 IN MC 116/2019 OF FAMILY COURT, KATTAPPANA ## PETITIONER/S: MOHANDAS P.K., AGED 57 YEARS S/O KUNJUNNI, POTTEKATTU HOUSE, ALAPADU P.O, CHAZHOOR VILLAGE, ANTHIKKAD TALUK, THRISSUR DISTRICT - 680 641 BY ADV JITHIN BABU A ## RESPONDENT/S: JALAJA AUGUSTINE, AGED 42 YEARS MANJAKUZHAYIL HOUSE, VIMALAGIRI P.O, THADIYAMPADU KARA, UPPUTHODU VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT. BY ADVS. SRI.JOBY JOSEPH, BABY THOMAS GEORGE T.J(K/1459/2020) ALICIA JOSE(K/001437/2021) THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.06.2022, ALONG WITH Tr.P(C).695/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **Tr.P.(C) Nos.695, 693 & 696/2019** **-4-** ## O R D E R [Tr.P(C) Nos.695/2019, 693/2019, 696/2019] All these petitions are filed by the husband to transfer the cases pending before the Family Court, Kattappana to the Family Court, Thrissur. 2. The cases pending before the Family Court, Kattappana are filed by the respondent for divorce, return of gold ornaments and for getting maintenance. The petitioner has entered appearance in all the cases before the Family Court, Kattappana. These transfer petitions are filed by the husband to transfer all the cases to Family Court, Thrissur on the ground that he has to travel almost 190 kms to reach the Family Court at Kattappana. It is very difficult for him to do so. He is aged 57 years and suffering from various diseases. He has an elder sister who is aged 65 years, she is bedridden and the petitioner **Tr.P.(C) Nos.695, 693 & 696/2019** **-5-** is looking after her. The cases are filed by the Family Court, Kattappana only to harass him. On these grounds, the petitioner/husband seeks a transfer of proceedings before the Family Court, Kattappana to the Family Court, Thrissur. 3. Counter affidavit has been filed by the respondent. It is stated that the respondent and the petitioner were residing in Mumbai till 2019 and he lost his job due to his addiction to alcohol. The respondent has to take care of her father who is 88 years old. He is completely bedridden. Her mother is a cardiac patient, and she lives along with her daughter. The respondent is living at Upputhodu in Idukki District since 2019 and it is difficult for her to travel from Kattappana to the Family Court, Thrissur, if the same is transferred. It is also contended that the petitioner used to travel to Mumbai and hence he does not have any difficulty travelling to Kattappana. She also stated that the petitioner has threatened the respondent on several **Tr.P.(C) Nos.695, 693 & 696/2019** **-6-** occasions. On these allegations, she prays for dismissal of the transfer petition. 4. Heard the counsel for the parties. 5. The cases pending before the Kattapana Court are filed by the respondent for divorce, return of gold ornaments and seeking maintenance. She contends that her father is aged and her mother, who is a cardiac patient, is also staying with her and there is nobody to accompany her to the Family Court, Thrissur. She filed the cases before the Family Court, Kattappana since the cause of action arose within the jurisdiction of that Court. The main ground raised by the petitioner is that the distance from Kattappana to his residence is 190 kms and it is difficult for him to travel. A person aged 57 years and able-bodied cannot contend that the distance of 190 km is difficult for him to travel. **Tr.P.(C) Nos.695, 693 & 696/2019** **==> picture [16 x 10] intentionally omitted <==** 6. Taking into consideration the hardship that would cause the respondent, who is a lady, to travel from Kattappana to Thrissur and noting the decisions of the Apex Court in _**Sumita Singh v. Kumar Sanjay**_ **- (2001) 10 SCC 41;** _**Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi**_ – **(2005) 12 SCC 237** and a plethora of other decisions, I am of the opinion that the prayer sought by the petitioner in these transfer petitioners cannot be allowed. In the result, the transfer petitions are dismissed. It is made clear that the personal appearance of the petitioner shall be insisted by the Family Court, Kattapana only on postings for which the physical presence is required. Sd/- BASANT BALAJI JUDGE jjj **Tr.P.(C) Nos.695, 693 & 696/2019** **-8-** ## APPENDIX OF TR.P(C) 693/2019 PETITIONER ANNEXURES ANNEXURE I A TRUE COPY OF THE CERTIFICATE OF MARRIAGE DATED 06/05/2009. ANNEXURE II A TRUE COPY OF THE OP 413 OF 2019 FILED BEFORE THE FAMILY COURT, KATTAPPANA DATED 19/07/2019. **Tr.P.(C) Nos.695, 693 & 696/2019** **-9-** ## APPENDIX OF TR.P(C) 696/2019 PETITIONER ANNEXURES ANNEXURE I A TRUE COPY OF THE M.C. NO.116 OF 2019 FILED BEFORE THE FAMILY COURT, KATTAPPANA DATED 19.7.2019 **Tr.P.(C) Nos.695, 693 & 696/2019** **-10-** ## APPENDIX OF TR.P(C) 695/2019 PETITIONER ANNEXURES ANNEXURE I A TRUE COPY OF THE OP NO. 273 OF 2019 FILED BEFORE THE FAMILY COURT , KATTAPPANA DATED 18.5.2019