Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI THURSDAY, THE 20TH DAY OF MARCH 2025 / 29TH PHALGUNA, 1946 (AGAINST THE ORDER/JUDGMENT IN OP NO.85 OF 2024 OF FAMILY COURT, NORTH PARAVUR) PETITIONER/RESPONDENT: SWARGA THOMAS, AGED 30 YEARS, D/O P.A THOMAS, PALLIPARAMBIL HOUSE, NEAR SHIPYARD, PERUMANUR, ERNAKULAM, KERALA, PIN CODE - 682 015, NOW RESIDING AT KOIKKARAM PARAMBIL HOUSE, TKSRRA-346, SHANMATHURA ROAD, MARADU, KOTTARAM DEVI TEMPLE ROAD, KOCHI, PIN - 682 304 BY ADVS. VISHNU DAS SRUTHI DAS MARIA NEETHU T.J ANAGHA A.S. RESPONDENT/PETITIONER: JOSEPH RONY, AGED 35 YEARS, S/O ANTONY PANACHIKKAL, PANACHIKKAL HOUSE, VADAYIL ROAD, KOVILAKATHUMKADAVU, PALLIPORT P.O, ERNAKULAM DISTRICT, KERALA, PIN - 683 515 THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 7.2.2025, THE COURT ON 20.03.2025 DELIVERED THE FOLLOWING:
ORDER
(Dated: 20th March, 2025) The petitioner is the wife, and the respondent herein is the husband. The petitioner seeks the transfer of O.P. No.85 of 2024 pending before the Family Court, North Paravur, to the Family Court, Ernakulam.
2. The marriage between the petitioner and the respondent
was solemnized on 24.01.2022 as per the rituals and practices followed by the Christian Community. The petitioner is educated and qualified and has no earnings. The parents of the petitioner are aged and there is no one to accompany the petitioner for conducting the original petition pending before the Family Court, North Paravur. Therefore, the petitioner seeks the transfer of O.P. No.85 of 2024 filed by the respondent herein pending before the Family Court, North Paravur, to the Family Court, Ernakulam.
3. Though notice was issued to the respondent, none appears.
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.
5. Thus, in the light of the uncontroverted averments in the
memorandum of transfer petition and considering the comparative hardship of the wife which has to be given due weightage, when compared to that of the husband as well as the law laid down by the Hon'ble Supreme Court in the afore-cited decisions, I am inclined to allow this transfer petition. In the result, Tr.P.C.No.95 of 2025 is allowed, withdrawing O.P. No.85 of 2024 pending before the Family Court, North Paravur, and transferring it to the Family Court, Ernakulam. The Family Court, North Paravur, shall transfer the records to the Family Court, Ernakulam, immediately. The parties are directed to appear before the Family Court, Ernakulam, on 30.04.2025.
Sd/- BASANT BALAJI, JUDGE ss APPENDIX OF TR.P(C) 95/2025 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE OP NO. 85/2024 FILED BY THE RESPONDENT HEREIN BEFORE THE HON’BLE FAMILY COURT, NORTH PARAVUR DATED 06.01.2024 Annexure A2 THE TRUE COPY OF E-COURTS CASE STATUS OF THE O.P. NO.2140/2023 FOR RETURN OF GOLD & MONEY FILED BY THE PETITIONER BEFORE THE HON’BLE FAMILY COURT, ERNAKULAM Annexure A3 THE TRUE COPY OF E-COURTS CASE STATUS OF THE MC NO.135/2024 FOR MAINTENANCE FILED BY THE PETITIONER BEFORE THE HON’BLE FAMILY COURT, ERNAKULAM