Sophymol Luka v. Luka P.M

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Shircy V.
Judgment Date: 2020-09-14
Court Decision / Holding: The petitions are allowed. O.P. Nos. 1009/2016, 456/2020 and 164/2017 (pending before the Family Court, Ettumanoor) are withdrawn and transferred to the Family Court, Pala. The Family Court at Ettumanoor is to transmit the records and fix a date for appearance before the Family Court, Pala.
Final Disposition: Disposed of accordingly

Parties to the Case

Appellants / Petitioners

Sophymol Luka

Respondents

Luka P.M.
Thresiamma Joseph
John Joseph
Sherly Babu Kandathil Parambil
Beena Jaimon
Betty Figi

Legal Representation & Advocates

Counsels for Petitioners

• Sri. P.C. Haridas

Counsels for Respondents

• Sri. R. Parthasarathy
• Sri. Roy George

Case Synopsis & Summary

Tr.P(C).257/2020 and conn. Cases pertain to three transfer petitions filed by Sophymol Luka, wife of Luka P.M., challenging orders of the Family Court, Ettumanoor, in maintenance proceedings O.P. Nos. 1009/2016, 456/2020 and 164/2017. The High Court of Kerala, Ernakulam, presided by the Honourable Justice Shircy V., heard the petitions on 14 September 2020. The petitioner asserts that due to a matrimonial dispute she presently resides with her parents within the jurisdiction of the Family Court, Pala, and that she cannot travel to the Family Court at Ettumanoor/Kottayam to contest these proceedings because of financial constraints. Consequently, she seeks transfer of the cases to the Family Court, Pala to facilitate her participation and access to justice. The respondents were served but did not appear; there is no objection in allowing the petitions. The court reiterates the settled principle in matrimonial disputes that the convenience of the wife is given precedence over the husband’s convenience when considering transfer petitions. Citing Sumita Singh v. 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, the court finds that the petitioner’s residence within the jurisdiction of the Family Court, Pala, justifies transfer. Accordingly, the petitions are allowed; O.P. Nos. 1009/2016, 456/2020 and 164/2017 are withdrawn from Ettumanoor and transferred to the Family Court, Pala, with records to be transmitted and dates fixed for appearance.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that due to a matrimonial dispute she currently resides with her parents within the jurisdiction of the Family Court at Pala, and her financial constraints prevent travel to the Family Court at Ettumanoor. She seeks transfer of the cases to the Family Court, Pala to enable her to contest the proceedings.

Contentions of Respondents

Respondents did not appear; no objection or substantive counter-arguments are recorded; court notes lack of opposition to the transfer petitions.

Cited Precedents (3)

Case Name	Citation	Treatment	Explanation
Sumita Singh v. Kumar Sanjay	2002 KHC 1889	Positive	Cited as precedent supporting preference for the wife’s convenience in transfer petitions.
Sailaja V v. V.Koteswara Rao	2003 KHC 3105	Positive	Cited for principle that wife’s convenience can justify transfer.
Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi	(2005) 12 SCC 237	Positive	Cited to support transfer preference in matrimonial disputes.

Extracted Judgment Text

Exact text extracted from official judgment records.

**Tr.P(C).257/2020 and conn. Cases** 1 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE SHIRCY V.** **MONDAY, THE 14TH DAY OF SEPTEMBER 2020 / 23RD BHADRA, 1942** ## **Tr.P(C).No.257 OF 2020** ## **AGAINST THE ORDER/JUDGMENT IN OP 1009/2016 OF FAMILY COURT, KOTTAYAM** ## **PETITIONER:** **SOPHYMOL LUKA AGED 54 YEARS D/O.JOSEPH, PALATHINKAL HOUSE, THELLAKOM P.O., PEROOR VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT.** **BY ADV. SRI.P.C.HARIDAS** ## **RESPONDENT:** **LUKA P.M AGED 68 YEARS** **S/O.MATHAI, PALATHINKAL HOUSE, THELLAKOM P.O., PEROOR VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT, PIN- 686 016.** **R1 BY ADV. SRI.R.PARTHASARATHY R1 BY ADV. SRI.ROY GEORGE** **THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.09.2020, ALONG WITH Tr.P(C).258/2020, Tr.P(C).272/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Tr.P(C).257/2020 and conn. Cases** 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE SHIRCY V.** **MONDAY, THE 14TH DAY OF SEPTEMBER 2020 / 23RD BHADRA, 1942** ## **Tr.P(C).No.258 OF 2020** ## **AGAINST THE ORDER/JUDGMENT IN OP 456/2020 OF FAMILY COURT, KOTTAYAM** ## **PETITIONER:** **SOPHYMOL LUKA AGED 54 YEARS D/O.JOSEPH, PALATHINKAL HOUSE, THELLAKOM P.O., PEROOR VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT.** ## **BY ADV. SRI.P.C.HARIDAS** ## **RESPONDENT:** **LUKA.P.M AGED 68 YEARS S/O.MATHAI, PALATHINKAL HOUSE, THELLAKOM P.O., PEROOR VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT, PIN- 686 016.** **R1 BY ADV. SRI.R.PARTHASARATHY R1 BY ADV. SRI.ROY GEORGE** **THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.09.2020, ALONG WITH Tr.P(C).257/2020, Tr.P(C).272/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Tr.P(C).257/2020 and conn. Cases** 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE SHIRCY V.** **MONDAY, THE 14TH DAY OF SEPTEMBER 2020 / 23RD BHADRA, 1942** ## **Tr.P(C).No.272 OF 2020** **AGAINST THE ORDER/JUDGMENT IN OP 164/2017 OF FAMILY COURT, KOTTAYAM** ## **PETITIONER/IST RESPONDENT:** **SOPHYMOL LUKA AGED 54 YEARS D/O.JOSEPH, PALATHINKAL HOUSE, THELLAKOM P.O., PEROOR VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT.** **BY ADV. SRI.P.C.HARIDAS** **- ' RESPONDENTS/PETITIONER RESPONDENTS 2, 4 AND LR S OF 3RD RESPONDENT:** |**1**|**LUKA P.M.**| |---|---| ||**AGED 68 YEARS**| ||**S/O.MATHAI, PALATHINKAL HOUSE, THELLAKOM P.O.,**| ||**PEROOR VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT-**| ||**686 016.**| |**2**|**THRESIAMMA JOSEPH,**| ||**AGED 78 YEARS**| ||**W/O.JOSEPH JOHN, ARACKAPPARAMBIL HOUSE, NJEEZHOOR**| ||**P.O., NJEEZHOOR VILLAGE, VAIKOM TALUK, KOTTAYAM**| ||**DISTRICT, PIN-686 612.**| |**3**|**JOHN JOSEPH,**| ||**AGED 52 YEARS**| ||**ARACKAPPARAMBIL HOUSE, NJEEZHOOR P.O., NJEEZHOOR**| ||**VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT,**| ||**PIN-686 612.**| |**4**|**SHERLY BABU KANDATHIL PARAMBIL HOUSE,**| ||**PERUMBAIKKADU P.O., KOTTAYAM-686 016.**| **Tr.P(C).257/2020 and conn. Cases** 4 **5 BEENA JAIMON, KEEPPARAYIL HOUSE, AREEKKARA P.O., KOTTAYAM, PIN-686 638.** **6 BETTY FIGI, CHEMBANAL HOUSE, KARIMKUNNAM P.O., THODUPUZHA, PIN-685 586.** **R1 BY ADV. SRI.R.PARTHASARATHY** **THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.09.2020, ALONG WITH Tr.P(C).257/2020, Tr.P(C).258/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Tr.P(C).257/2020 and conn. Cases** 5 ## **ORDER** **[ Tr.P(C).257/2020, Tr.P(C).258/2020, Tr.P(C).272/2020 ]** ## **Dated this the 14th day of September 2020** The petitioner is the petitioner in O.P.No.1009/2016 and O.P No.456/2020 and the 1[st] respondent in O.P.No.164/2017 pending before the Family Court, Kottayam at Ettumannoor. The grievance of the petitioner is that due to the matrimonial dispute between herself and her husband, she is residing with her parents within the jurisdiction of the Family Court, Pala. She has also filed a case for getting maintenance from her husband before the Family Court, Pala. Though she wants to contest the case filed by her husband, she is unable to travel upto the Family Court, Kottayam due to her financial constraints and hence she is compelled to file this petition . 2. Though notice has been accepted by the respondents they did not appear. It shows that they have no objection in allowing the petitions as sought for. 3. It is well settled that in matrimonial disputes, while considering transfer petitions, the convenience of the wife has to be given preference over the convenience of the husband. (See _**Sumita**_ **Tr.P(C).257/2020 and conn. Cases** 6 _**Singh v. 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). Here as the petitioner is residing at her paternal house within the jurisdiction of the Family Court, Pala depending upon her parents to pull on her life , her request to transfer the case to the Family Court, Pala is fully justified. Hence, these petitions are allowed as prayed for and O.P.No.1009/2016 and O.P No.456/2020 and O.P.No.164/2017 pending before the Family Court, Ettumannoor are withdrawn and transferred to the Family Court, Pala. The learned Judge, Family Court, Ettumanoor shall transmit the records fixing a date for appearance of the parties before the Family Court, Pala. These petitions are disposed of accordingly **Sd/-** **SHIRCY V.** smm **JUDGE** **Tr.P(C).257/2020 and conn. Cases** 7 ## **APPENDIX OF Tr.P(C) 257/2020** **PETITIONER'S EXHIBITS:** **ANNEXURE A TRUE COPY OF O.P.NO.1009/2016 ON THE FILES OF THE FAMILY COURT KOTTAYAM AT ETTUMANNOOR.** **ANNEXURE B TRUE COPY OF O.P.NO.164/2017 ON THE FILES OF THE FAMILY COURT, KOTTAYAM AT ETTUMANNOOR.** **ANNEXURE C TRUE COPY OF O.P.NO.456/2020 FAMILY COURT, KOTTAYAM AT ETTUMANNOOR.** **Tr.P(C).257/2020 and conn. Cases** 8 ## **APPENDIX OF Tr.P(C) 258/2020** **PETITIONER'S EXHIBITS:** **ANNEXURE A TRUE COPY OF O.P.NO.1009/2016 ON THE FILES OF THE FAMILY COURT KOTTAYAM AT ETTUMANNOOR.** **ANNEXURE B TRUE COPY OF O.P.NO.164/2017 ON THE FILES OF THE FAMILY COURT, KOTTAYAM AT ETTUMANNOOR. ANNEXURE C TRUE COPY OF O.P.NO.456/2020 FAMILY COURT, KOTTAYAM AT ETTUMANNOOR.** **Tr.P(C).257/2020 and conn. Cases** 9 ## **APPENDIX OF Tr.P(C) 272/2020** ## **PETITIONER'S EXHIBITS:** **ANNEXURE A TRUE COPY OF O.P.NO.1009/2016 ON THE FILES OF THE FAMILY COURT KOTTAYAM AT ETTUMANNOOR. ANNEXURE B TRUE COPY OF O.P.NO.164/2017 ON THE FILES OF THE FAMILY COURT, KOTTAYAM AT ETTUMANNOOR. ANNEXURE C TRUE COPY OF O.P.NO.456/2020 FAMILY COURT, KOTTAYAM AT ETTUMANNOOR.**