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2023 Supreme(Online)(KER) 21515
HIGH COURT OF KERALA
P.SOMARAJAN, J
DIVYA JOSE – Appellant
Versus
STEAPHEN ANTONY VENANSIOUS – Respondent
Tr.P(C) 169 2023
ANITHA MATHAI MUTHIRENTHY, SHAIJAN C GEORGE, C GEORGE, VINAI JOHN
The court established that safety concerns and party convenience are critical factors in deciding transfers of family court cases.
Headnote:
Transfer - Family Court Proceedings - Act Section List - The court addressed the transfer of cases based on the convenience of parties and safety concerns of the respondent, considering previous incidents of violence against him.
Fact of the Case:
The wife sought to transfer two ongoing cases from Family Court, Pala, to Ernakulam, citing her residency with her minor child. The husband expressed concerns about potential violence if the cases moved to Ernakulam.
Finding of the Court:
The court acknowledged the husband's fears regarding safety and opted to transfer the cases to Family Court, Alappuzha, instead of Ernakulam, considering the convenience of both parties.
Issues: Whether the transfer of family court cases should occur based on safety concerns and the location of the parties.
Ratio Decidendi: The court highlighted the necessity to prioritize the safety of individuals involved in family disputes and determine a more neutral venue for hearings.
Final Decision: The transfer petitions were allowed, moving the cases 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.
