Sonia Moncey vs. Moncey Joseph - Kerala High Court, 07 August 2019

These transfer petitions arise from O.P.Nos.2353 of 2018 and 1674 of 2016 both pending before the Family Court, Ernakulam and O.P.No.600 of 2019 pending before the Family Court, Mavelikkara.

O.P.No.2353 of 2018 was filed by the husband seeking declaration. O.P.No.1674 of 2016 was filed by the wife seeking divorce. O.P.No.600 of 2019 was filed by the wife seeking recovery of money allegedly due to her. According to the wife, she was married to the husband on 18.07.1994. Two children were born in the matrimonial relationship. Both have attained the age of majority. Matrimonial relationship got disrupted in the course of time and they started living separately. It is alleged that, extensive lands were purchased at several places and matrimonial disputes led to the institution of litigations both in the Family Court, Ernakulam and Family Court, Mavelikkara. Wife sought for transfer of O.P.No.2353 of 2018 and 1674 of 2016 to Family Court, Mavelikkara. Husband sought transfer of O.P.No.600 of 2019 pending before the Family Court, Mavelikkara to family Court, Ernakulam.

According to the wife, she was initially residing at Elamakkara in Ernakulam. She tried to do some business but, it was not very successful. Hence, she has temporarily shifted to Adoor, where she is staying with her father. Hence, she sought for transfer of both matters

Tr.P(C).337, 342 and 309 of 2019 5 pending before the Family Court, Ernakulam to Family Court, Mavelikkara. On the other hand, husband contending that, two matters are pending at Family Court, Ernakulam, sought for transfer of O.P.No.600 of 2019 from Family Court, Mavelikkara to Family Court, Ernakulam, so that all the matters can be tried together.

It is true that, wife herself has chosen the juri iction of Family Court, Ernakulam and filed O.P.No.1674 of 2016. Husband has an allegation that, he had initially filed proceedings at Ernakulam, immediately followed by the wife filing an application before the Family Court, Mavelikkara to counter that case. It was further contended that, she has conveniently now chosen Adoor as her juri iction though, she has been contesting both the proceedings at Family Court, Ernakulam even from 2016 onwards. No document is produced by her to establish that, she has now shifted to Adoor. It was further contended that, she has also filed M.C.No.32 of 2016 before the first class magistrate court-II, Aluva, which is still pending. It has reached the final stage of evidence. Only thereafter, she filed O.P.No.1674 of 2016 at Mavelikkara.

It is not true that, wife has not produced any document to show that, she has shifted to Adoor. She has disclosed that, she has taken a building on rent on 01.01.2019, produced as Annexure-G in Tr.P(C).No.337 of 2019. She has also disclosed that, she has been granted license for conducting business at Adoor. It is produced as

Tr.P(C).337, 342 and 309 of 2019 6 Annexure-J. GST registration certificate is produced as Annexure-I. Rent deed is Annexure-H. It is seen that, respondent is residing at Alleppey. Having considered these facts, I feel that, request made by the wife is only to be allowed, in the facts of the case. Accordingly, I am inclined to allow Tr.P(C).No.337 of 2019 and Tr.P(C).No.342 of 2019. Family Court, Ernakulam shall transmit files of O.P.Nos.2353 of 2018 and 1674 of 2016 to Family Court, Mavelikkara. Both sides shall appear before the Family Court, Mavelikkara on 03.09.2019, without any further notice. Tr.P(C).No.309 of 2019 shall stand dismissed. Considering the fact that the matter commenced in 2018, Family Court, Mavelikkara shall try to complete the entire proceedings as expeditiously as possible. SUNIL THOMAS Sbna JUDGE \

Tr.P(C).337, 342 and 309 of 2019 7 APPENDIX OF Tr.P(C) 337/2019 PETITIONER'S EXHIBITS: ANNEXURE A AOF THE ORDER DATED 30.08.2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT NO.II, ALUVA IN CMP NO.2745/2016 IN MC NO.32/2016. ANNEXURE B AOF THE ORIGINAL PETITION FILED BY THE PETITIONER AS OP NO.1674/2016 BEFORE THE FAMILY COURT, ERNAKULAM. ANNEXURE C AOF THE ORIGINAL PETITION FILED BY THE RESPONDENT AS OP NO.2353/2018 BEFORE THE FAMILY COURT, ERNAKULAM. ANNEXURE D AOF THE CRIME AND OCCURRENCE REPORT IN 55/2017 OF ERNAKULAM EXCISE RANGE. ANNEXURE EOF THE COMPLAINT DATED 7.8.2017 SUBMITTED BY THE PETITIONER BEFORE THE POLICE STATION, ELAMAKKARA. ANNEXURE F AOF THE PETITION ACKNOWLEDGMENT RECEIPT ISSUED FROM POLICE STATION, ELAMAKKARA. ANNEXURE G AOF THE RENT AGREEMENT EXECUTED ON 01.01.2019. ANNEXURE H AOF THE RENT AGREEMENT EXECUTED ON 20.02.2019. ANNEXURE I AOF THE GST REGISTRATION CERTIFICATE IN THE NAME OF HEBRON GREENFIELD. ANNEXURE J AOF THE LICENSE ISSUED FROM ADOOR MUNICIPALITY ANNEXURE K AOF THE ORIGINAL PETITION FILED BY THE PETITIONER AS OP NO.600/2019 BEFORE THE FAMILY COURT, MAVELIKARA.

Tr.P(C).337, 342 and 309 of 2019 8 APPENDIX OF Tr.P(C) 309/2019 PETITIONER'S/S EXHIBITS: ANNEXURE-I TRUE PHOTOSTAT COPY OF THE O.P NO.600/2019 ON THE FILES OF FAMILY COURT, MAVELIKKARA FILED BY THE RESPONDENT ANNEXURE-II TRUE PHOTOSTAT COPY OF THE SUMMONS IN O.P NO.600/2019 ON THE FILES OF FAMILY COURT, MAVELIKKARA FILED BY THE RESPONDENT ANNEXURE-III TRUE PHOTOSTAT COPY OF THE NOTICES IN IA.NO.1160/2019 AND I.A.NO.1161/2019 IN O.P NO.600/2019 ISSUED BY FAMILY COURT, MAVELIKKARA ANNEXURE-IV TRUE PHOTOSTAT COPY OF M.C.NO.32/2016 ON THE FILES OF JFCM-II, ALUVA FILED SEEKING PROTECTION ORDERS ANNEXURE-VI TRUE PHOTOSTAT COPY OF THE OBJECTION FILED BY THE PETITIONER IN M.C.NO.32/2016 ON THE FILE OF JFCM-II ALUVA ANNEXURE-6 TRUE PHOTOSTAT COPY OF THE O.P.(DIVORCE) NO.1674/2016 ON THE FILES OF FAMILY COURT, ERNAKULAM ANNEXURE-7 TRUE PHOTOSTAT COY OF THE OBJECTION FILED BY THE RESPONDENT IN O.P(DIVORCE)NO. 1674/2016 ON THE FILES OF FAMILY COURT, ERNAKULAM ANNEXURE-8 TRUE PHOTOSTAT COPY OF THE O.P.NO.2353/2018 SEEKING RECOVERY OF MONEY AND ORNAMENTS FILED BY THE PETITIONER