Mohandas P.K. v. Jalaja Augustine
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- Basant Balaji
- Judgment Date
- 2022-06-08
- Court Decision / Holding
- The transfer petitions are dismissed. It is made clear that the personal appearance of the petitioner shall be insisted by the Family Court, Kattappana only on postings for which the physical presence is required.
- Final Disposition
- Transfer petitions dismissed.
Parties to the Case
Appellants / Petitioners
- MOHANDAS P.K.
Respondents
- JALAJA AUGUSTINE
Legal Representation & Advocates
Counsels for Petitioners
- • JITHIN BABU A
Counsels for Respondents
- • Sri. Joby Joseph
- • Baby Thomas George T.J (K/1459/2020)
- • Alicia Jose (K/001437/2021)
Case Synopsis & Summary
This batch of three transfer petitions (Tr.P(C) Nos. 695/2019, 693/2019 and 696/2019) concerns Mohandas P.K.’s request to transfer divorce, maintenance and related proceedings from the Family Court, Kattappana to the Family Court, Thrissur. The petitioner contends that the 190-kilometer distance between his home in Thrissur district and Kattappana makes travel onerous given his age (57) and health issues, and that his elder sister, aged 65 and bedridden, requires his care. He also argues that the Family Court, Kattappana has been used to harass him. The respondent Jalaja Augustine resists the transfer, citing that she and her family reside in Upputhodu, Idukki, and that travel to Thrissur would impose hardship on her given her father’s 88-year-old bedridden condition and her mother’s cardiac issues; she notes that the petitioner previously traveled to Mumbai, suggesting he can travel to Kattappana if needed. The court heard submissions and, relying on Apex Court decisions such as Sumita Singh v. Kumar Sanjay and Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi, held that the hardship to the female respondent in traveling outweighed the petitioner’s convenience. Consequently, the petitions were dismissed. The court directed that the Kattappana court require personal appearance only on postings that require physical presence.
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioner argues for transfer on ground that he has to travel 190 kms from his residence to Kattappana Family Court, causing hardship due to his age and health, and that he must care for his elderly bedridden sister. He asserts the respondent’s inability to travel and that the cases were filed to harass him. Transfer to Thrissur would place the proceedings nearer to his residence and reduce hardship. He relies on jurisprudence recognizing balancing of convenience and hardship in transfer petitions, including Apex Court decisions cited in the order.
Contentions of Respondents
The respondent contends that she and her family reside in Upputhodu, Idukki, and that travel to Thrissur would be difficult given her father’s age and ill health, and her mother’s cardiac condition. The cause of action arose in Kattappana, so the cases were properly filed there. She notes the petitioner’s past travel to Mumbai, implying he can travel to Kattappana if needed, and she prays for dismissal of the transfer petitions.
Cited Precedents (2)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Sumita Singh v. Kumar Sanjay | (2001) 10 SCC 41 | Positive | Court cites this Apex Court decision to acknowledge hardship to the respondent in travel and to support dismissal of the transfer petitions. |
| Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi | (2005) 12 SCC 237 | Positive | Court cites this decision to emphasize hardship against transferring proceedings, aiding the dismissal of the petitions. |
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