Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN MONDAY, THE 5TH DAY OF FEBRUARY 2024 / 16TH MAGHA, 1945 TR.P(C) NO. 469 OF 2023 IN O.P. NO.257/2023 OF FAMILY COURT, PATHANAMTHITTA PETITIONER/RESPONDENT: JULIE JOSEPH, AGED 34 YEARS, D/O N.J.JOSEPH NADUVILEPARAMBIL HOUSE, KOOTHRAPPULLY P O KARUKACHAL , CHANGANASSERY, KOTTAYAM, PIN - 686540. BY ADV U.BALAGANGADHARAN RESPONDENT/PETITIONER: JIJIN JOSEPH AGED 35 YEARS, S/O CM JOSEPH, CHAMAKKALAYIL HOUSE, MYLARA TOWN PO, MYLAPRA VILLAGE, KONNI TALUK PATHANAMTHITTA DISTRIT, PIN - 689678. BY ADV JOHNY K.GEORGE THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..
O R D E R
Dated this the 05th day of February, 2024 Petitioner herein is the respondent/wife in O.P. No.257/2023, pending before the Family Court, Pathanamthitta. The petitioner seeks transfer of the said Original Petition to the Family Court, Ettumanoor, essentially on the ground of petitioner's convenience, she having her place of residence within the limits of the transferee court. Two Original Petitions - O.P.No.56/2023 for divorce and O.P.No.62/2023 for realisation of amounts - are also pending before the Family Court, Ettumanoor.
2. Adv.Johny K.George appears for the respondent. Learned counsel for the respondent has only formal objection to the transfer sought for.
3. Having heard the learned counsel appearing on
..3.. both sides this Court is inclined to allow the instant transfer petition. This Court takes stock of the settled legal position that the convenience of wife is a matter to be taken into consideration, while fixing the forum for adjudication of matrimonial disputes, as held by the Hon'ble Supreme Court in a catena of decisions, including the one in N.C.V. Aishwarya v. A.S. Saravana Karthik Sha [AIR 2022 SC 4318]. In the circumstances, this Transfer Petition is allowed, directing transfer of O.P.No.257/2023 pending before the Family Court, Pathanamthitta to the Family Court, Ettumanoor. The transferor Court shall transmit the entire records to the transferee Court, forthwith. Sd/- C. JAYACHANDRAN JUDGE Skk//07.02.2024 ..4.. APPENDIX OF TR.P(C) NO.469/2023 PETITIONER'S ANNEXURES:- ANNEXURE A 1 A TRUE COPY OF O.P (DIV)56/23/2023 DISTRICT FAMILY COURT, KOTTAYAM AT ETTUMANOOR ANNEXURE A 2 A TRUE COPY OF O.P. 62/23-25.4./2023 FAMILY COURT, KOTTAYAM AT ETTUMANUR ANNEXURE A 3 A TRUE COPY OF O.P.(REST.) 919/2022 DATED 5.8.2022 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, PATHANAMTHITTA ANNEXURE A 4 A TRUE COPY OF THE ORDER DATED 16.2.2023 IN TR.P.[C] 93/2023 OF THIS HON'BLE COURT ANNEXURE A 5 A TRUE COPY OF THE SUMMONS RECEIVED FROM THE FAMILY COURT, PATHANAMTHITTA DATED 22.6.2023 IN OP 257/2023