Back
2023 Supreme(Online)(KER) 11937
HIGH COURT OF KERALA
P.SOMARAJAN, J
DIVYA JOSE – Appellant
Versus
STEAPHEN ANTONY VENANSIOUS – Respondent
Tr.P(C) 166 2023
ANITHA MATHAI MUTHIRENTHY, SHAIJAN C GEORGE, C GEORGE, VINAI JOHN
The legal principle established is that safety concerns of a party can justify the transfer of family law cases to a different jurisdiction.
Headnote:
Transfer - Family Law - Rules of Family Courts - Summary
Fact of the Case:
The wife requested the transfer of two cases pending in Family Court, Pala, to a court in Ernakulam due to her current residence with her minor child, while the husband expressed fears for his safety if the cases were transferred there.
Finding of the Court:
The court acknowledged the husband's valid apprehensions regarding his safety if the cases were transferred to Ernakulam and agreed to transfer the cases to a more neutral location at Alappuzha.
Issues: Whether the transfer of the cases to the Family Court at Ernakulam is justified, considering the parties' current circumstances and the husband's safety concerns.
Ratio Decidendi: The court emphasized the importance of ensuring safety and convenience for both parties when determining the appropriate venue for pending cases, demonstrating the court's discretion in matters of family law.
Final Decision: The transfer petitions are allowed; cases are moved from Family Court, Pala to Family Court, Alappuzha.
ORDER
The wife came up in order to get transfer of two cases pending before the Family Court, Pala, on the sole reason that now she is residing with her minor child at Ernakulam, for which she has produced the gas connection document. Admittedly, the respondent/husband is now employed in Bangalore. His address is stated to be Vazhakala, Ernakulam. The learned counsel for the respondents fairly submitted that he is a resident of Kollam and that it is his old address.
2. Inter alia, it is also submitted that, on an earlier occasion, he was brutally manhandled by his father in law and mother-in-law. It is also submitted that damages were caused to his testicles and he had undergone treatment. His apprehension is that if the case is transferred to the Family Court at Ernakulam, there is every likelihood of repeating the very same incident.
3. At the fag end of the argument, the learned counsel for the respondent fairly submitted that the case can be transferred to any other court either at Alappuzha or at any court convenient to the parties except the court at Ernakulam. The apprehension is found to be well placed and as such, both the cases pending before the Family Court, Pala will stand withdrawn and transferred to the Family Court at Alappuzha. Send the records forthwith. The parties shall appear before the Court at Alappuzha, the transferee court on 30/06/2023.
Both the Transfer Petitions will stand allowed accordingly.
Sd/-
P.SOMARAJAN JUDGE msp APPENDIX OF TR.P(C) 169/2023 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF OP(DIV) 724/2022 FILED BY THE RESPONDENT RESPONDENT ANNEXURES Annexure R2 A copy of the Discharge Summary obtained from th hospital.
PETITIONER ANNEXURES Annexure A2 TRUE COPY OF THE ADDRESS PROOF OF THE PETITIONER RESPONDENT ANNEXURES Annexure R1 A true copy of the relevant part of the Whats App chat held between the respondent and the petitioner on 6.3.2022.
APPENDIX OF TR.P(C) 166/2023 PETITIONER ANNEXURES Annexure A1 POWER OF ATTORNEY DATED 30.1.2023 EXECUTED BY THE 2ND PETITIONER IN FAVOUR OF THE 3RD PETITIONER Annexure A2 A TRUE COPY OF OP(G&W) 591/2022 FILED BY THE RESPONDENTS Annexure A3 A TRUE COPY OF IA NO.2/2022 FILED BY THE PETITIONER HEREIN Annexure A4 A TRUE COPY OF THE OBJECTION FILED BY THE ORIGINAL PETITIONER TO IA 2/2022 DATED
18/12/2022 Annexure A5 A TRUE COPY OF THE ORDER DATED 19.12.2022 IN IA 2/2022 Annexure A6 A TRUE COPY OF THE ADDRESS PROOF OF THE FIRST PETITIONER RESPONDENT ANNEXURES ANNEXURE R1 A TRUE COPY OF THE RELEVANT PART OF THE WHATS APP CHAT HELD ON 06.03.2022 IN BETWEEN THE
1ST PETITIONER AND THE ANSWERING RESPONDENT.
ANNEXURE R2 A TRUE COPY OF THE DISCHARGE SUMMARY.
