Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 TR.P(C) NO. 797 OF 2024 TO TRANSFER OPHMA NO.428 OF 2022 OF FAMILY COURT, KOTTARAKKARA PETITIONER/S: ATHIRA AGED 29 YEARS D/O MURALEEDHARAKURUP, ATHIRA BHAVAN, MEVANAKONAM, KALLUVATHUKKAL P.O, KOLLAM, PIN - 691578 BY ADVS. SAJU J PANICKER KURIAN K JOSE RESPONDENT/S: HARISHKUMAR AGED 37 YEARS S/O SURENDRANPILLAI, SIVAGANGA, NETTAYAM P.O, VELINALLOOR, KOTTARAKKARA FROM ASARIYAZHIKATHU VEEDU, MULAYIRACHAL, CHERUVAKKAL P.O, VELINALLOOR, KOTTARAKKARA, KOLLAM, PIN - THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
(Dated this the 28th day of March 2025) The petitioner is the wife, and the respondent herein is the husband. The petitioner seeks the transfer of O.P (HMA) 428 of 2022 pending before the Family Court, Kottarakkara, to the Family Court, Paravur, Kollam.
2. The marriage between the petitioner and the
respondent was solemnized on 7.06.2015 at Nadakkal, Kollam as per the religious rites and ceremony and a boy child is born out of the wedlock. Demanding more money and gold, the respondent deserted the petitioner and the child.
3. The petitioner filed O.P.( Others) No.611 of 2022, for realization of money and gold ornaments and O.P. (HMA) No.595 of 2023, for restitution of matrimonial life, before the Family Court, Paravur, Kollam.
4. The petitioner submits that the Family court
Kottarakkara, is more than 45 kms. away from the residence of the petitioner. She is residing with her parents at Kalluvathukkal. Moreover, her parents are aged and are suffering from physical ailments and therefore, there is nobody to accompany her to the Family Court, Kottarakkara to attend the proceedings on all posting dates. Hence, she wants a transfer of the said O.P. to the Family Court, Kollam to be tried along with other cases.
5. Though notice was issued to the respondent, none appears.
6. 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 and the law laid down by the Hon'ble Supreme Court in the afore-cited decisions, and particularly, when two cases filed by the petitioner are pending before the Family Court, Paravur, Kollam, I am inclined to allow this transfer petition.
In the result, this Tr.P.C. is allowed, withdrawing O.P
(HMA) No.428 of 2022 pending before the Family Court, Kottarakkara, to the Family Court,Paravur, Kollam, to be tried along with O.P.( Others) No.611 of 2022 and O.P.
(HMA) No.595 of 2023. The Family Court, Kottarakkara,
shall transfer the records to the Family Court,Paravur, Kollam, immediately and upon receipt of the records, the Family Court, Paravur, Kollam shall issue notice to the parties and shall dispose of the case in accordance with law. Sd/- BASANT BALAJI JUDGE dl/ APPENDIX OF TR.P(C) 797/2024 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE PETITION IN O.P (HMA) 428 OF 2022 PENDING BEFORE THE FAMILY COURT, KOTTARAKKARA KOLLAM.DATED 8.6.2022