Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 TR.P(C) NO. 54 OF 2025 TO TRANSFER OP NO.1602 OF 2022 OF FAMILY COURT, IRINJALAKUDA PETITIONER/S: RIMA MATHEW, AGED 40 YEARS D/O MATHEW, CHOOLAKKAL HOUSE, CHERANELLOOR, ERNAKULAM, PIN - BY ADVS. C.Y.VINOD KUMAR C.ANILKUMAR (KALLESSERIL) RESPONDENT/S: DAISON, AGED 44 YEARS S/O DEVASSIKUTTY, KARIPPAYI HOUSE, KUTTIKKAD P.O., CHALAKKUDY, THRISSUR, PIN - 680724 BY ADVS. GISA SUSAN THOMAS G.ASHWINI(K/201/2006) A.R.DIVYA(K/724/2006) THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
(Dated this the 27th day of March 2025) The petitioner and the respondent are husband and wife. This petition is filed by the petitioner herein seeking transfer of O.P.No.1602 of 2022 on the files of the Family Court, Irinjalakuda to the Family Court, Ernakulam.
2. The marriage between the petitioner and the
respondent was solemnized on 18.06.2017 at St. Sebastian Church, Kuttikkad. After the marriage, the petitioner was ill treated by the respondent demanding more dowry and later, she was ousted from his residence. Hence, she filed O.P. No. 1602 of 2022 before Family Court, Irinjalakkuda, while she was residing in Chalakudy. Now, she is residing with her parents at Cheranelloor, Ernakulam. The petitioner submits that the Family Court, Irinjalakkuda is about 45 k.m. away from the residence of the petitioner, whereas
the Family Court, Ernakulam is very convenient and near to her residence. There is nobody to assist her to attend the Family Court at Irinjalakkuda. Moreover, the petitioner is depending upon her parents for all her day-to-day necessities.
3. The counsel for the respondent appears, but no counter is filed.
4. The law in respect of transfer of
proceedings, particularly in matrimonial disputes, is no longer res-integra, in view of the categoric declaration of law by the Hon'ble Supreme Court in Sumitha Singh v. Kumar Sanjay and another [(2001)10 SCC 41)], Mona Aresh Goel v. Aresh Satya Goel [(2000) 9 SCC 255], Vaishali Shridhar Jagtap v. Shridhar Vishwanath Jagtap [AIR 2016 SC 3584] and Santhini v. Vijaya Venkatesh
[2017 (4) KLT 415 (SC)]; wherein it is held that, it is the convenience of the woman and children that have to be looked into while ordering the transfer of a case from one Court to another. The law is quite categoric, and the wife's convenience has to be looked into while deciding a petition for transfer, and in such cases, a transfer has been effected. Thus, in the light of the uncontroverted averments in the memorandum of transfer petition as well as the law laid down by the Supreme Court in the afore-cited decisions, I am inclined to allow this transfer petition. In the result, this Tr.P.C. is allowed, withdrawing O.P. No.1602 of 2022 pending before the Family Court, Irinjalakuda, and transferring it to the Family Court, Ernakulam. The Family Court,Irinjalakkuda, shall transfer the records to the Family Court, Ernakulam, immediately and the Family Court, Ernakulam, upon receipt of the records,
shall dispose of the case in accordance with law. The parties to appear before the Family Court, Ernakulam on 29.4.2025. Sd/- BASANT BALAJI JUDGE dl/ APPENDIX OF TR.P(C) 54/2025 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE O.P. NO. 1602/22 ON THE FILES OF HON’BLE FAMILY COURT, IRINJALAKKUDA