Sujeesha Solomon and Rajamma @ Catherine v. Dixon John and Lourdh Dixon

# `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` TUESDAY, THE 19[TH] DAY OF JULY 2022 / 28TH ASHADHA, 1944 ``` ## `TR.P(C) NO. 502 OF 2021` ``` AGAINST OP NO.1667/2019 OF FAMILY COURT, ATTINGAL ``` ## `PETITIONERS:` ``` 1SUJEESHA SOLOMON, AGED 29 YEARS, D/O.SOLOMON.M., RESIDING AT VAIDYAMANDIRAM, KOCHUPLAMOODU JUNCTION, BEACH ROAD, KOLLAM EAST VILLAGE AND KOLLAM TALUK, KOLLAM-691 001. ``` ``` 2RAJAMMA @ CATHERINE, AGED 63 YEARS, W/O.SOLOMON.M., RESIDING AT VAIDYAMANDIRAM, KOCHUPLAMOODU JUNCTION, BEACH ROAD, KOLLAM EAST VILLAGE AND KOLLAM TALUK, KOLLAM-691 001. ``` ``` BY ADVS.PEARSON S.FERNANDEZ SUKUL KHADER ``` ## `RESPONDENTS:` ``` 1RIJU DIXON, AGED 36 YEARS, S/O.DIXON JOHN, RESIDING AT IMMANUAL BHAVAN, SOUTH ARYANTHURUTH, SHARKARA VILLAGE, CHIRAYANKEEZHU, THIRUVANANTHAPURAM-695 304. ``` ``` 2DIXON JOHN, AGED 68 YEARS, S/O.JOHN LOPEZ, RESIDING AT IMMANUAL BHAVAN, SOUTH ARYANTHURUTH, SHARKARA VILLAGE, CHIRAYANKEEZHU, THIRUVANANTHAPURAM-695 304. ``` ``` 3LOURDH DIXON, AGED 56 YEARS, W/O.DIXON JOHN, RESIDING AT IMMANUAL BHAVAN, SOUTH ARYANTHURUTH, SHARKARA VILLAGE, ``` ``` Tr.P.(C)Nos.502 & 646/2021 ``` ``` -:2:- ``` ``` CHIRAYANKEEZHU, THIRUVANANTHAPURAM-695 304. ``` ``` BY ADV BOBY M.SEKHAR ``` ``` THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.07.2022, ALONG WITH Tr.P(C).646/2021,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` Tr.P.(C)Nos.502 & 646/2021 ``` ``` -:3:- ``` ## `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` TUESDAY, THE 19[TH] DAY OF JULY 2022 / 28TH ASHADHA, 1944 ``` ``` TR.P(C) NO. 646 OF 2021 ``` ``` AGAINST OP NO.187/2019 OF FAMILY COURT,KOLLAM ``` ## `PETITIONERS/2ND AND 3RD RESPONDENTS:` - `1 DIXON JOHN AGED 68 YEARS, S/O JOHN LOPEZ, RESIDING AT IMMANUAL BHAVAN, SOUTH ARYANTHURUTH, SHARKARA VILLAGE, CHIRAYINKEEZHU, THIRUVANANTHAPURAM-695 304.` - `2 LOURDH DIXON` - `AGED 59 YEARS, RESIDING AT IMMANUAL BHAVAN, SOUTH ARYANTHURUTH, SHARKARA VILLAGE, CHIRAYINKEEZHU, THIRUVANANTHAPURAM-695 304.` ## `BY ADV BOBY M.SEKHAR` ## `RESPONDENTS/PETITIONER AND 1ST RESPONDENT:` - `1 SUJEESHA SOLOMON AGED 29 YEARS, D/O SOLOMON M, RESIDING AT VAIDYAMANDIRAM, KOCHUPLAMOODU JUNCTION, BEACH ROAD, KOLLAM EAST VILLAGE, KOLLAM TALUK, KOLLAM-691 001.` - `2 RIJU DIXON AGED 36 YEARS, S/O DIXON JOHN, RESIDING AT IMMANUAL BHAVAN, SOUTH ARYANTHURUTH, SHARKARA VILLAGE, CHIRAYINKEEZHU, THIRUVANANTHAPURAM-695 304.` ``` Tr.P.(C)Nos.502 & 646/2021 ``` ``` -:4:- ``` ``` BY ADVS.SUKUL KHADER P.M.PETER BABU PEARSON S.FERNANDEZ ``` ``` THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.07.2022, ALONG WITH Tr.P(C).502/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` Tr.P.(C)Nos.502 & 646/2021 ``` ``` -:5:- ``` Dated this the 19[th] day of July,2022 ## **C O M M O N O R D E R** As these transfer petitions pertain to the disputes that have arisen out of the marriage between Dixon John (husband) and Sujeesha Solomon (wife), they are being disposed of by this common order. 2. Tr.P.(C)No.502/2021 is filed by the wife and her mother against the husband and his parents to transfer O.P.No.1667/2019 from the Family Court, Attingal, to the Family Court, Kollam and Tr.P. (C)No.646/2021 is filed by the husband’s parents against the wife and the husband to transfer O.P.No.187/2019 from the Family Court, Kollam, to the Family Court, Attingal. The parties and the pleadings are, for the sake of convenience, referred to in Tr.P. (C)No.502/2021, as it is the comprehensive transfer petition. ``` Tr.P.(C)Nos.502 & 646/2021 ``` ``` -:6:- ``` 3. The marriage between the first petitioner and the first respondent was solemnized on 30.11.2015. They are issueless. Their martial relationship is estranged. The first petitioner has filed O.P.No.187/2019(Annexure-A1) before the Family Court, Kollam, against the respondents for a decree for return of patrimony and gold ornaments. The respondents 1 and 2 have filed O.P.No.1667/2019 (Annexure-A2) before the Family Court, Attingal, against the petitioners for a decree for return of money and gold ornaments. The second petitioner has difficulty in walking due to a hemiarthroplasty of right hip as evident from Annexure-A3. The petitioners also apprehend physical assault and intimidation by the respondents, if they appear before the Family Court, Attingal. The first respondent is employed abroad. It would be just and convenient, if ``` Tr.P.(C)Nos.502 & 646/2021 ``` ``` -:7:- ``` both Annexures-A1 and A2 are transferred to the same court, to be consolidated and jointly tried, which would save the precious judicial time and avoid conflict of decisions. 4. The respondents 2 and 3 – husband’s parents – have averred in Tr.P.(C)No.646/2021 that the first petitioner has left the matrimonial home without sufficient cause. Since the first respondent is employed abroad, he is being defended through the second respondent – his power of attorney holder. The second respondent is suffering from Grade 3 Osteoarthritis in his both knees. Therefore, it is difficult for him to travel from Attingal to Kollam. On a comparative analysis of the hardship, due weightage has been given to the respondents. Hence, the transfer petition. 5. Heard; Sri.Pearson S.Fernandez, the learned ``` Tr.P.(C)Nos.502 & 646/2021 ``` ``` -:8:- ``` counsel appearing for the petitioners in Tr.P. (C)No.502/2021 – wife and her mother – and Smt.Boby M.Sekhar, the learned counsel appearing for the respondents in Tr.P.(C)No.502/2021 – the husband and his parents. 6. The common point is whether the transfer petitions are to be allowed?. 7. Admittedly, the husband is employed abroad. O.P.No.187/2019 was filed by the first petitioner – wife at the first instance before the Family Court, Kollam against the respondents – husband and his parents. The respondents 1 and 2 – husband and father – have filed O.P.No.1667/2019 against the wife. The husband is represented by his power of attorney holder – his father. 8. This Court in **Mini Antony v. Savio Aruja** [2022(3) KHC 42] has categorically held that the ``` Tr.P.(C)Nos.502 & 646/2021 ``` ``` -:9:- ``` inconvenience of the power of attorney holder cannot be taken as a ground to order the transfer of a case. 9. The dispute is principally between the husband and wife. The husband is employed abroad. Therefore, so far as the husband is concerned, it is immaterial whether the cases are tried at Attingal or Kollam. Moreover, the distance between Attingal and Kollam is not all that far so as to cause any hardship to the second respondent. 10. On an evaluation of the comparative hardship between the parties, I am of the firm view that due preference and weightage is to be given to the wife, who is a resident of Kollam. Therefore, I am inclined to allow Tr.P.(C)No.502/2021 by ordering the transfer of O.P.No.1667/2019 from the Family Court, Attingal, to the Family Court, Kollam, so that the same can be consolidated and jointly tried with ``` Tr.P.(C)Nos.502 & 646/2021 ``` ``` -:10:- ``` O.P.No.187/2019, which would save the precious judicial time and avoid conflict of decisions. - In the result, I pass the following orders. - (i) Tr.P(C) No.646/2021 is dismissed. - (ii) Tr.P(C)No.502/2021 is allowed, by ordering the transfer of O.P.No.1667/2019 from the Family Court, Attingal to the Family Court, Kollam. - (iii) The parties would be at liberty to move the Family Court, Kollam and seek for consolidation and joint trial of the proceedings between them. - (iv) The husband and his parents would be at liberty to move the Family Court, Kollam, and seek for dispensation of his personal appearance and also avail the benefit of video-conferencing facility. - (v) The Registry shall forthwith forward a copy of the common order to the Family Court, Attingal, with instructions to transmit the ``` Tr.P.(C)Nos.502 & 646/2021 ``` ``` -:11:- ``` records in O.P.No.1667/2019 to the Family Court, Kollam. - (vi) The Family Court, Kollam shall, immediately on receipt of the records in O.P.No.1667/2019, post the case along with O.P.No.187/2019. Sd/- ## **C.S.DIAS,JUDGE** DST/19.07.22 //True copy/ P.A.To Judge ``` Tr.P.(C)Nos.502 & 646/2021 ``` ``` -:12:- ``` ## `APPENDIX OF TR.P(C) 502/2021` ## `’ - PETITIONERS ANNEXURES:` ``` ANNEXURE A1COPY OF THE OP 187/2019 FILED BEFORE THE HON'BLE FAMILY COURT, KOLLAM BY THE FIRSTPETITIONERAGAINSTTHE RESPONDENTS. ANNEXURE A2COPY OF THE OP 1667/2019 BEFORE THE HON'BLE FAMILY COURT, ATTINGAL FILED BY THE FIRST AND SECOND RESPONDENTS AGAINST THE PETITIONERS. ANNEXURE A3COPY OF THE MEDICAL CERTIFICATE DATED 04.02.2020 OF THE SECOND PETITIONER ISSUED FROM THE BISHOP BENZIGER HOSPITAL. ``` ``` ’- RESPONDENTS ANNEXURES:NIL ``` ``` Tr.P.(C)Nos.502 & 646/2021 ``` ``` -:13:- ``` ## `APPENDIX OF TR.P(C) 646/2021` ## `’ - PETITIONERS ANNEXURES:` ``` ANNEXURE A1TRUE COPY OF THE SPECIAL POWER OF ATTORNEY 13.06.2019 EXECUTED BY THE 1ST RESPONDENT IN FAVOUR OF THE 1ST PETITIONER. ``` ``` ANNEXURE A2TRUE COPY OF THE PLAINT IN OP NO.187/2019 DATED 13.02.2019 FILED BY THE 1ST RESPONDENT BEFORE THE FAMILY COURT, KOLLAM. ``` ``` ANNEXURE A3TRUE COPY OF THE OBJECTION DATED 02.07.2019 FILED BY THE PETITIONERS AND 2ND RESPONDENT. ``` ``` ANNEXURE A4TRUE COPY OF THE CERTIFICATE ISSUED BY THE DEPARTMENT OF ORTHOPEDICS OF SK HOSPITAL, EDAPPAZHANJI, THIRUVANANTHAPURAM DATED 18.10.2021. ``` ``` ’- RESPONDENTS ANNEXURES:NIL ```