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High Court of KeralaSingle JudgeTransfer petitions allowed; proceedings transfe...

Tr.P.(C) No. 270 of 2019 & Tr.P.(C) No. 128 of 2020 - Bindu Pillai v. Thulaseedharan Pillai

Case / Petition Number:Tr.P.(C) No. 270 of 2019 & Tr.P.(C) No. 128 of 2020

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Sathish Ninan
Judgment Date
2020-03-03
Court Decision / Holding
Transfer petitions are allowed. O.P.No.913/19, O.P.(HMA)No.647/17, G.O.P.No.469/19, O.P.(HMA)No.1310/2018 and M.C.No.391/2018 pending on the files of the Family Court, Kollam will stand withdrawn and transferred to the Family Court at Ernakulam. Parties to appear before the Family Court at Ernakulam on 17.3.2020.
Final Disposition
Transfer petitions allowed; proceedings transferred to the Family Court, Ernakulam; Kollam proceedings withdrawn; directions for appearance on 17 March 2020 to be complied with.

Parties to the Case

Appellants / Petitioners

  • Bindu Pillai

Respondents

  • Thulaseedharan Pillai

Legal Representation & Advocates

Counsels for Petitioners

  • • Smt. Suja Padnabhan Pillai

Counsels for Respondents

  • • Sri Johnson Gomez
  • • Sri Sanjay Johnson
  • • Sri C. Unnikrishnan (Kollam)

Case Synopsis & Summary

This matter concerns a transfer petition filed by the wife, Bindu Pillai, seeking to shift five matrimonial proceedings from the Family Court, Kollam, to the Family Court, Ernakulam. The petitions include O.P. 913/2019 (husband’s suit for declaration of title, recovery of money and related reliefs), O.P.(HMA) 647/2017 (husband’s divorce), G.O.P. 469/2019 (custody of children), O.P.(HMA) 1310/2018 (wife’s divorce) and M.C. 391/2018 (maintenance). The petitioner alleges that she currently resides in Ernakulam, with two children—an elder child who has attained 18 years and a younger child who is a minor aged nine—both of whom are presently with her. The minor is studying in a school in Ernakulam. The respondent husband is abroad in the United Arab Emirates. The petitioner contends that Ernakulam is a more convenient and appropriate forum to adjudicate the intertwined matrimonial, custody, maintenance and related reliefs, and to coordinate matters in which the respondent is overseas. The respondent opposed the transfer; however, the court, after hearing counsel on both sides, found the factual matrix to be strongly in favour of transfer, noting the petitioner’s residence, the location of schooling and the custody arrangement for the children, as well as the respondent’s absence from the jurisdiction. Consequently, the court allowed the transfer petitions, withdrawing the Kollam proceedings and directing that the cases be tried at Ernakulam, with parties to appear on 17 March 2020.

Provisions of Law Cited

IPC 1860: sections 506, 509, 34POSCO Act 2012: sections 7, 8, 9, 10JJ Act: section 75IPC: section 323IPC: section 354A(1)(III)IPC: sections 447 and 506(II)IPC: section 509IPC: section 506(I)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner-wife sought transfer of five pending proceedings from Kollam to Ernakulam, arguing that she currently resides in Ernakulam with the two children (elder 18, younger a minor) and that the minor studies there. She contended that Ernakulam would be a convenient forum to coordinate matrimonial, custody, maintenance and related reliefs, especially given the respondent’s absence from the jurisdiction and location abroad. The petitioner claimed that both children are with her and that the elder has attained majority, while the younger remains a minor needing care and schooling in Ernakulam.

Contentions of Respondents

The respondent opposed the transfer petition; the order notes mere opposition with no detailed elaboration in the text. He argued against transferring the proceedings away from Kollam, though specific grounds are not stated in the order.

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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 SATHISH NINAN** **TUESDAY, THE 03RD DAY OF MARCH 2020/13TH PHALGUNA, 1941** ## **Tr.P.(C)No.270 OF 2019** **(TO TRANSFER O.P.(HMA)No.1310/2018, O.P.(HMA)No.647/2017, M.C.NO.391/2018 AND G.O.P.No.469/2019 OF FAMILY COURT, KOLLAM TO FAMILY COURT, ERNAKULAM)** ## **PETITIONER/PETITIONER:** **BINDU PILLAI, AGED 47 YEARS, D/O.PADMANABHAN PILLAI, PULIPURA KIZHAKKETHIL, SAI KRISHNA HOUSE, KUREEPUZHA, THRIKKADAVOOR VILLAGE, KOLLAM DISTRICT, NOW RESIDNG AT FLAT NO 6F SYLVANIA, SKYLINE IVY LEAGUE APARTMENT, EDACHIRA, COCHIN, ERNAKULAM DISTRICT.** **BY ADVS. SMT.SUJA PADNABAN PILLAI SRI.S.SAJU** ## **RESPONDENT/RESPONDENT:** **THULASEEDHARAN PILLAI, S/O.RAGHAVAN PILLAI, INDIRA BHAVANAM, KAKKAKOTOORMURI, AMBALATHUMKALAM EZHUKONE, KOLLAM DISTRICT-682 831** **R1 BY ADVS. SRI.JOHNSON GOMEZ SRI.SANJAY JOHNSON** **THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.03.2020, ALONG WITH Tr.P(C).128/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** 2 ## **Tr.P.(C)No.270 OF 2019 & Tr.P. (C) No.128 OF 2020** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE SATHISH NINAN** **TUESDAY, THE 03RD DAY OF MARCH 2020/13TH PHALGUNA, 1941** **Tr.P.(C) No.128 OF 2020** **(TO TRANSFER O.P.(C)No.913/2019 OF FAMILY COURT, KOLLAM TO FAMILY COURT, ERNAKULAM)** **PETITIONER:** **BINDU PILLAI, AGED 47 YEARS, D/O.PADMANABHAN PILLAI, 22H, BROWN, SKYLINE IVY LEAGUE, EDACHIRA, KAKKANAD, KOCHI-30.** **BY ADV. SMT.SUJA PADNABAN PILLAI** ## **RESPONDENT:** **THULASEEDHARAN PILLAI, S/O.RAGHAVAN PILLAI, INDIRA BHAVANAM, KAKKAKOTTOORMURI, AMBALATHUMKALAM, EZHUKONE, KOLLAM DISTRICT-691 505.** **R1 BY ADVS. SRI.C.UNNIKRISHNAN (KOLLAM) SRI.JOHNSON GOMEZ** **THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.03.2020, ALONG WITH Tr.P.(C)270/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Tr.P.(C)No.270 OF 2019 & Tr.P. (C) No.128 OF 2020** 3 ## **O R D E R** **The petitioner/wife is before this court seeking transfer of proceedings pending before the Family Court at Kollam to the Family Court at Ernakulam. The prayer for transfer is seriously opposed by the respondent.** **2. The following proceedings are pending between the parties at the Family Court, Kollam.** **i. O.P.No.913/2019, filed by the husband for declaration of title for recovery of money and other reliefs.** **ii. O.P.(HMA)No.647/2017, filed by the husband seeking a decree of divorce.** **iii. G.O.P.No.469/2019, filed by the husband seeking custody of the children born in the wedlock.** **iv. O.P.(HMA)No.1310/2018, filed by the wife seeking a decree of divorce.** **Tr.P.(C)No.270 OF 2019 & Tr.P. (C) No.128 OF 2020** 4 **v. M.C.No.391/2018, filed by the wife seeking maintenance.** **Heard counsel on either sides.** **The petitioner-wife is presently residing at Ernakulam. Two children are born in the wedlock, the elder has presently attained the age of 18 years and the younger is still a minor aged 9 years. Both the children are presently with the custody of the petitioner/wife. The minor child is studying in a school at Ernakulam. The respondenthusband is abroad at U.A.E.** **Considering the facts as noticed, I am of the opinion that the transfer as sought for is liable to be granted.** **In the result, transfer petitions are allowed. O.P.No.913/19,O.P.(HMA)No.647/17, G.O.P.No.469/19, O.P.(HMA)No.1310/2018 and M.C.No.391/2018 pending on the files of the Family Court, Kollam will stand withdrawn and** **Tr.P.(C)No.270 OF 2019 & Tr.P. (C) No.128 OF 2020** 5 **transferred to the Family Court at Ernakulam. Parties to appear before the Family Court at Ernakulam on 17.3.2020.** _**Sd/-**_ **SATHISH NINAN** **JUDGE** ss 6 ## **Tr.P.(C)No.270 OF 2019 & Tr.P. (C) No.128 OF 2020** ## **APPENDIX OF Tr.P(C) 270/2019** ## **PETITIONER'S/S EXHIBITS:** **ANNEXURE A1 TRUE COPY OF THE PETITION O.P NO. 1310 OF 2018 ON THE FILE OF THE FAMILY COURT, KOLLAM.** **ANNEXURE A2 TRUE COPY OF THE PETITION O.P NO. 647 OF 2017 ON THE FILE OF THE FAMILY COURT, KOLLAM.** - **ANNEXURE A3 TRUE COPY OF THE PETITION IN M.C NO. 391 OF 2011 ON THE FILE OF THE FAMILY COURT, KOLLAM.** - **ANNEXURE A4 TRUE COPY OF THE NOTICE IN G.O.P NO. 469 OF 2019.** - **ANNEXURE A5 TRUE COPY OF THE RENT DEED OF THE PETITIONER RESIDING AT SKYLINE, EDACHIRA OF 2018.** - **ANNEXURE A6 TRUE COPY OF THE DOCUMENT OF THE MINOR SON, STATING THE FEES, FEE RECEIPT FROM THE INDIAN PUBLIC SCHOOL, EDACHIRA, ERNAKULAM.** - **ANNEXURE A7 TRUE COPY OF THE DOCUMENT OF THE PETITIOENR'S ELDER DAUGHTER STATING THE FEES, FEE RECEIPT OF GOOD SHEPHERED SCHOOL, OOTY.** - **ANNEXURE A8 TRUE COPY OF THE AADHAR CARD OF THE 70 YEARS OLD MOTHER, OF THE PETITIONER.** - **ANNEXURE A9 TRUE COPY OF THE W.P(CRL.) NO. 133 OF 2018, GUARDIANSHIP OF THE ELDERE DAUGHTER OF THE PETITIONER.** **ANNEXURE A10** - **TRUE COPY OF THE W.P(C) NO. 14477 OF 2018-H, PROTECTION ORDER.** 7 ## **Tr.P.(C)No.270 OF 2019 & Tr.P. (C) No.128 OF 2020** - **ANNEXURE A11 TRUE COPY OF THE FIR NO. 434 OF 2019 UNDER SECTION 506, 509,34 OF IPC 1860, KAKKANAD POLICE STATION.** - **ANNEXURE A12 TRUE COPY OF THE PASSPORT OF THE RESPONDENT MENTIONED HEREIN, PROOF OF CURRENT RESIDENCE ADDRESS OF FUJERIAH, U.A.E.** - **ANNEXURE 13 TRUE COPY OF THE FIR NO. 67 OF 2018 UNDER SECTION 7,8, 9 AND 10 OF POSCO ACT OF 2012, UNDER SECTION 75 OF JJ ACT, UNDER SECTION 323, 354A(1)(III), PETITIONER'S ELEDER DAUGHTER IS THE DEFACTO COMPLAINANT.** - **ANNEXURE A14 TRUE COPY OF THE C.C NO. 1789 OF 2018, UNDER SECTION 447 AND 506 (II) IF IPC ANCHALAMOODU POLICE STATION, KOLLAM.** - **ANNEXURE 15 TRUE COPY OF THE C.C NO. 1444 OF 2018, UNDER SECTION 509, 506(i) OF IPC, ANCHALAMOODU POLICE STATION, KOLLAM.** 8 ## **Tr.P.(C)No.270 OF 2019 & Tr.P. (C) No.128 OF 2020** ## **APPENDIX OF Tr.P(C) 128/2020** ## **PETITIONER'S/S EXHIBITS:** **ANNEXURE A1 TRUE COPY OF THE PETITION O.P.(CIVIL) NO.913/2019 ON THE FILE OF THE FAMILY COURT, KOLLAM. ANNEXURE A2 TRUE COPY OF THE PETITION O.P.(HMA) NO.1310/2018 ON THE FILE OF THE FAMILY COURT, KOLLAM. ANNEXURE A3 TRUE COPY OF THE PETITION O.P.(HMA) NO.647/2017 ON THE FILE OF THE FAMILY COURT, KOLLAM. ANNEXURE A4 TRUE COPY OF THE PETITION IN MC NO.391/2018 ON THE FILE OF THE FAMILY COURT, KOLLAM. ANNEXURE A5 TRUE COPY OF THE PETITION G.O.P NO.469 OF 2019 ON THE FILE OF FAMILY COURT, KOLLAM. ANNEXURE A6 TRUE COPY OF THE DEED OF THE PETITIONER RESIDING AT SKYLINE, EDACHIRA. ANNEXURE A7 TRUE COPY OF THE SCHOOL DOCUMENT OF THE MINOR SON, STUDYING IN INDIAN PUBLIC SCHOOL, EDACHITA, ERNAKULAM SINCE 2018. ANNEXURE A8 TRUE COPY OF THE AADHAR CARD OF THE 70 YEARS OLD MOTHER OF THE PETITIONER. ANNEXURE A9 TRUE COPY OF THE WP(CRL.) NO.133/2018, GUARDIANSHIP OF THE ELDER DAUGHTER OF THE PETITIONER.** 9 ## **Tr.P.(C)No.270 OF 2019 & Tr.P. (C) No.128 OF 2020** - **ANNEXURE A10 TRUE COPY OF THE WP(C)NO.14477 OF 2018-H, PROTECTION ORDER OF THE PETITIONER AGAINST THE RESPONDENTS.** - **ANNEXURE A11 TRUE COPY OF THE FIR NO.434 OF 2019 UNDER SECTION 506, 509, 34 OF IPC 1860, KAKKANAD POLICE STATION, ERNAKULAM, COMPLAINT FILED BY THE PETITIONER HEREIN AGAINST THE RESPONDENT AND HENCHMEN.** - **ANNEXURE A12 TRUE COPY OF THE PASSPORT OF THE RESPONDENT MENTIONED HEREIN, PROOF OF CURRENT RESIDENCE ADDRESS OF FUJEIRAH, U.A.E.** - **ANNEXURE A13 TRUE COPY OF THE FIR NO.67/2018 UNDER SECTION, 7,8,9 AND 10 OF POCSO ACT OF 2012, UNDER SECTION 75 OF ACT, UNDER SECTION 323, 354A(1)(III), PETITIONER'S ELDER DAUGHTER IS THE DEFACTO COMPLAINANT.** - **ANNEXURE A14 TRUE COPY OF THE CC NO.1789 OF 2018, UNDER SECTION 447 AND 506(II) OF IPC, ANCHALAMOODU POLICE STATION, KOLLAM, COMPLIANT FILED BY THE PETITIONER HEREIN AGAINST THE RESPONDENT HEREIN AND HIS GUNDAS.** - **ANNEXURE A15 TRUE COPY OF THE CC NO.144 OF 2018, UNDER SECTION 509, 506(I), OF IPC ANCHALMOODU POLICE STATION, KOLLAM, COMPLAINT FILED BY THE PETITIONER HEREIN AGAINST THE RESPONDENT HEREIN AND HIS GUNDAS.** **ANNEXURE A16 TRUE COPY OF THE TRANSFER PETITION (C)NO.270/2019 FILED AND PENDING BEFORE HON'BLE HIGH COURT OF KERALA.**