Legal Services India - Law Articles is a Treasure House of Legal Knowledge and information, the law resources is an ever growing database of authentic legal information.
Legal Services India

» Home
Sunday, December 22, 2024

Temporary Shift Of Residence By Itself Not A Valid Ground For Transfer Of Cases: Kerala HC

Posted in: Supreme Court
Tue, Jan 11, 22, 11:29, 3 Years ago
star star star star star
0 out of 5 with 0 ratings
comments: 0 - hits: 5066
Meria Joseph vs Anoop S Ponnattu that shifting from permanent residence to a temporary residence by itself is not a ground to transfer cases pending within the jurisdiction of the permanent residence of both parties.

While ruling clearly on whether a temporary shift of residence can constitute a valid ground for transfer of cases, the Kerala High Court has as recently as on January 3, 2022 in a frank, forthright, final and fitting judgment titled Meria Joseph vs Anoop S Ponnattu in TR.P(C) Nos. 488 of 2021 and connected cases ruled explicitly that shifting from permanent residence to a temporary residence by itself is not a ground to transfer cases pending within the jurisdiction of the permanent residence of both parties.

It must be apprised here that a single Judge Bench of Justice A Badharudheen who authored this judgment dismissed the transfer petitions observing that such pleas would result in cases being transferred frequently. This our overburdened judiciary can definitely not afford anyhow or somehow which is one of the major reasons that explains why the Kerala High Court has dismissed these slew of transfer petitions!

To start with, it is first and foremost stated in para 1 of this judgment that, These are transfer petitions filed by Meria Joseph, wife against her husband seeking transfer of O.P.Nos.412/2018 and 413/2018 filed by the petitioner herein before the Family Court, Pala and to transfer O.P.(Div).No.693/2019 and O.P.(G&W) No.695/2019 filed by the respondent husband before the Family Court Pala, to the Family Court, Attingal.

As we see, after hearing both the sides as mentioned in para 2, the Bench then puts forth in para 3 that:
It is submitted by the learned counsel for the petitioner/wife that the wife who originally belonged to Pambady in Pala filed two Original Petitions and the husband, a resident within the jurisdiction of the Family Court, Pala also filed two Original Petitions before the Family Court, Pala. It is submitted that now the petitioner got appointment as Digital Marketing Trainee in Thiruvananthapuram and therefore, she had shifted her residence to Attingal. It is submitted further that now the petitioner has been residing in a rental house in Attingal. A rent deed showing availing of rental house in Attingal also has been placed in support of this contention.

While continuing in the same vein, the Bench then observes in para 4 that:
The learned counsel for the petitioner would submit further that the petitioner at present has been residing in Attingal along with 3 ½ year old child and therefore, she has been experiencing difficulties to reach the Family Court, Pala to conduct the cases. As such, the learned counsel pressed for transfer as sought for.

On the other hand, the Bench then states in para 5 that:
The husband/respondent who opposed the transfer petition filed detailed counter, stating that M.C.No.6/2018 was filed by the petitioner before the Grama Nyayalaya, Pampady and that was allowed in favour of the petitioner. Against which Crl.A.No.171/2018 filed before the Sessions Court, Kottayam and the same was allowed and modified the order on 10.07.2020. It is submitted further that a shift in place of residence by the petitioner at her convenience that too in a rental house, cannot be a reason to transfer cases at her convenience. In this connection, the learned counsel for the respondent/husband placed recent decision of this Court in Vidhya Mundekkat v. Akhilesh Jayaram (2021 (6) KHC 506).

Simply put, the Bench then points out in para 6 that:
The learned counsel for the petitioner would submit that following the ratio in the decisions reported in:

  1. Sumitha Singh v. Kumar Saanjay and others (2002 KHC 1889 : AIR 2002 SC 396 : 2001 AIR SCW 5193 : (2001) 10 SCC 41 : 2001 (5) Supreme 667),
  2. Mangla Patil Kale v. Sanjeev Kumar Kale ((2003) 10 SCC 280), and
  3. Anindita Das v. Srijit Das (2006 KHC 1887 : (2006) 9 SCC 197)

The petitioner is entitled to get transfer of these proceedings to place of her convenience.

It is noteworthy that the Bench then mentions in para 7 that:
In fact, in the decision in Vidhya Mundekkat' case (supra), a Division Bench of this Court considered the parameters to be borne in mind while considering transfer of cases at the instance of the wife and after referring the above decisions it was held that it is not an invariable rule that whenever a wife makes a request pointing out her inconvenience, transfer of a case to a court of her choice is automatic.

To put it differently, the Bench then added in para 8 that:
In Anindita Das' case (supra), the Apex Court held that each case must be considered on its merit.

Be it noted, the Bench then stipulates in para 9 that:
It is in this context, the grievance of the petitioner requires to be addressed. Here, the petitioner wants to transfer the above cases on the assertion that she had shifted her permanent residence in Pala to a rental house in Attingal. Now the crucial question is; whether temporary shift of residence by the wife is a reason to transfer of cases within the jurisdiction of the said temporary residence?

Finally and far most significantly, what forms the cornerstone of this notable judgment is that the Bench then underscores in para 10 that:
Here, admittedly, the petitioner originally is a permanent resident of Pala. Her husband, the respondent also has been residing in Pala. These transfer petitions have been filed only on the ground that the petitioner shifted her residence at present to Attingal, that too in a rental house. I do not think that shifting a permanent residence to a temporary residence, that too in a rental house by itself is a ground to transfer cases pending within the jurisdiction of the permanent residence of both parties.

The rational is; in the case of temporary residence, particularly rental accommodation, the same is not at all static and it can be changed for any immediate reason. If cases are transferred to such temporary abode, again and again cases will have to be transferred, when the temporary residence being shifted.

Therefore, I am of the considered view that availing a temporary residence, either by way of rental accommodation or otherwise shall not be a ground to allow transfer of cases on the mere plea that the said place is convenient to the wife. In view of the above finding, I find no merit in these transfer petitions. Accordingly, these petitions stand dismissed.

In conclusion, the Kerala High Court has minced just no words to take the rational and tenable stand that temporary shift of residence by itself is definitely not a valid ground for transfer of cases. If cases have to be transferred again and again due to temporary change in residence then this will definitely cause a lot of inconvenience to the party not seeking the transfer and a lot of time of the courts also will be wasted indisputably in the process which cannot be considered a prudent step under any circumstances especially considering the fact that there are so many crores of cases which are pending adjudication and for many years don't come up even for hearing also!

Above all, it is not at all feasible that cases be transferred promptly at the drop of a hat, in other words, just because of a temporary shift of residence of a party and for no other reason!

Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut – 250001, Uttar Pradesh

Legal Services India

Comments

There are no comments for this article.
Only authorized users can leave comments. Please sign in first, or register a free account.
Share
Sponsor
About Author
Sanjeev Sirohi Advocate
Member since Apr 20, 2018
Location: Meerut, UP
Following
User not following anyone yet.
You might also like
In the light of the latest judgment provided by the SC for commuting the death penalty of former pm Rajiv Gandhi’s assassins to life imprisonment on the ground of excessive wait on govt and President’s part to decide their whim pleas
Shanti Bhushan v Supreme Court of India through its Registrar and another in Writ Petition (Civil) No. 789 of 2018 (Arising out of Diary No. 12405 of 2018) refused pointblank to declare that the function of allocating cases and assigning benches should be exercised by the collegium of five senior Judges instead of the Chief Justice of India.
Coming straight to the nub of the matter, let me begin at the very beginning by first and foremost expressing my full and firm support to the growing perfectly justified demand that seeks chemical castration for child rapists
Justice KS Puttaswamy (Retd) and another v Union of India has upheld the validity of Aadhaar for availing government subsidies and benefits and for filing income tax returns! The lone dissenting Judge in this landmark case is Justice Dr DY Chandrachud. He differed entirely from the majority and struck down Section 139AA.
It is most reassuring, refreshing and re consoling to note that for the first time in at least my memory have I ever noticed a Chief Justice of India who even before assuming office outlined his priorities very clearly and courageously
Manohar Lal Sharma vs Narendra Damodardas Modi dismissed a string of petitions seeking an independent probe into the 2015 Rafale deal, for registration of FIR and Court-monitored investigation by CBI into corruption allegations in Rafale deal.
Judgement by the Supreme Court about energy conservation and infrastructure laws in the state of Himachal Pradesh.
In a major and significant development, the Supreme Court which is the highest court in India has for the second time designated 37 lawyers as Senior Advocates.
On 17th October 2018, the Cannabis Act came into force and Canada became the largest country in the world with a legal marijuana marketplace.
Why Only Lawyers Are Held Liable For Accepting Foreign Funding And Not Politicians? Why is it that under our Indian law only lawyers are held liable for accepting foreign funding and not politicians? Why politicians are mostly never held accountable for accepting foreign funding?
Finally Hindus Get The Right To Worship At Entire Disputed Land And Muslims Get 5 Acre In Ayodhya
I am a student at New Law College, Bharati Vidyapeeth University studying LLB. I am currently majoring in 3 yrs LLB Course from New Law College, and have started with my last year from July 2019.
230th report of Law Commission of India, it will certainly produce more diamonds like the Chief Justice of India designate Sharad Arvind Bobde who is most invaluable and even Kohinoor diamond stands just nowhere near him
Central Public Information Officer, Supreme Court Of India vs Subhash Chandra Aggarwal the office of Chief Justice of India is a public authority under the Right to Information Act
Sections 126 to l29 deal with the privilege that is attached to Professional Communications between the legal advisors and their clients. Section 126 and 128 mention the circumstances under which the legal advisor can give evidence of such professional communication.
National Federation Of Societies For Fast Justice & Anr. Vs. UOI Notifications for establishing the Gram Nyayalayas to issue the same within four weeks.. It was considering a PIL filed by National Federation Of Societies For Fast Justice.
Madhuri Jajoo vs. Manoj Jajoo has allowed the first petition for divorce by mutual consent, through the virtual hearing system.
Reepak Kansal vs. Secretary-General, Supreme Court Of India has taken a stern view of the increasing tendency to blame the Registry for listing some cases more swiftly as compared to others.
upheld the Shebait rights of the erstwhile royals of Travancore in the administration, maintenance and management of Sree Padmanabhaswamy Temple in Thiruvananthapuram.
Justice R Banumathi had assumed the role of a Supreme Court Judge on 13 August 2014. She is the sixth women to be a Judge of the Supreme Court of India
Judges cannot speak out even if they are humiliated. How long can the Supreme Court and the Judges suffer the humiliation heaped regularly?
Neelam Manmohan Attavar vs Manmohan Attavar that a writ petition under Article 226 of the Constitution would not be maintainable in order to challenge an order which has been passed by the High Court in the exercise of its judicial powers.
Jugut Ram vs. Chhattisgarh the fact that a lathi is also capable of being used as a weapon of assault, does not make it a weapon of assault simpliciter.
Sagufa Ahmed vs. Upper Assam Plywood Products Pvt. Ltd the said order extended only the period of limitation and not the period upto which delay can be condoned in exercise of discretion conferred by the statute
the legendary Kesavananda Bharati whose plea to the Apex Court is considered the real reason behind the much acclaimed Basic Structure doctrine propounded in 1973
Amar Singh vs NCT Of Delhi conviction can be based on the testimony of a single eye witness so long he is found to be wholly reliable.
Madhya Pradesh vs. Bherulalthe governments taking for granted the period of limitation prescribed. In other words, it is high time and all the governments in our country both in the Centre and the States must now
Madhya Pradesh vs. Bherulal the governments taking for granted the period of limitation prescribed.
the manner in which Bombay High Court handled the Arnab Goswami case. A vacation Bench comprising of Justices Dr DY Chandrachud and Indira Banerjee of the Supreme Court is currently hearing the petition filed by Republic TV anchor Arnab Goswami
Indian Olympics Association vs. Kerala Olympic Association civil original jurisdiction dismissed Indian Olympics Association's (IOA) plea seeking transfer of a writ petition before Kerala High Court to Delhi High Court.
In Arnab's case, Justice Dr DY Chandrachud had minced no words to say that: There has to be a message to High Courts – Please exercise your jurisdiction to uphold personal liberty
It is most shocking, most disgusting and most disheartening to read that criminals are ruling the roost and making the headlines in UP time and again
Parveen vs. State of Haryana while setting aside an order of the Punjab and Haryana High Court dismissing the plea of a man in view of absence of his counsel has observed in clear, categorical
Madras Bar Association vs Union of India that exclusion of advocates in 10 out of 19 tribunals, for consideration as judicial members is contrary to the Supreme Court judgments in Union of India v. Madras Bar Association
Inderjeet Singh Sodhi vs Chairman, Punjab State Electricity Board the dismissal of special leave petition is of no consequence on the question of law. We all must bear it in mind from now on
Oriental Insurance Co. Ltd. vs. Zaixhu Xie the practice of pronouncing the final orders without reasoned judgments.
It cannot be denied by anyone that government is the biggest litigator in courts and is responsible to a large extent for the huge pending cases in different states all across the country. The top court is definitely not happy with the state of affairs and the lethargic and complacent motto of Sab Chalta Hain attitude of the governments in India.
Centre has finally decided to get its act together and constitute the All India Judicial Service (AIJS) about which we have been hearing since age
Prashant Dagajirao Patil vs. Vaibhav@Sonu Arun Pawar a High Court, while exercising bail jurisdiction cannot issue directions which will have a direct bearing upon the trial.
Commercial Taxes Officer, Circle-B, Bharatpur vs M/s Bhagat Singh in exercise of itsextraordinary appellate jurisdiction that a statute must be interpreted in a just, reasonable and sensible manner
Pravat Chandra Mohanty vs Odisha refused the plea seeking compounding of offences of two police officers accused in a custodial violence case.
Sessions Judge, Bhadrak in S.T. Case No.182/392 of 2014, acquitting the Respondents from charges under Sections 302/201 read with Section 34 of the Indian Penal Code IPC
Dakshin Haryana Bijli Vitran Nigam Ltd. vs. M/S Navigant Technologies Pvt. Ltd. the period of limitation for filing the Petition under Section 34 of the Arbitration and Conciliation Act would commence from the date on which the signed copy of the award was made available to the parties.
Niranjan Hemchandra Sashittal and another v. Maharashtra in page 386 of the citation that: The quantum of bribe is immaterial for judging gravity of the offence under PC Act. Proceedings under PC Act cannot be quashed on the ground of delay in conclusion particularly where the accused adopted dilatory tactics.
The Ministry of Information and Broadcasting has proposed to introduce the Cinematograph (Amendment) Bill, 2021.The new proposal would amend the Cinematograph Act of 1952 to grant the Centre "revisionary powers" and allow it to "re-examine" films that have already been certified by the Central Board of Film Certification (CBFC).
I have not come across a single person in my life who has not complained of milk being not up to the mark and even in my own life I don't remember how many times my mother
Akhila Bharata Kshatriya Mahasabha v/s Karnataka barring installation of statues or construction of any structure in public roads, pavements, sideways and other public utility places.
Manohar Lal Sharma vs Union of India has made it clear that State won't get a free pass by mere mention of national security.
State of MP vs Ghisilal the civil courts has no jurisdiction to try suit relating to land which is subject-matter of ceiling proceedings, Urban Land (Ceiling and Regulation) Act, 1976.
Deserving cases in Supreme Court also don't get listed in time and keep pending for a long time and not so deserving cases get listed most promptly when backed by eminent law firms and senior lawyers
Top