Kanchan, vs Praveenkumar,

Type Court Judgment Court Kerala Decided May 31, 2022

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Citation: sooperkanoon.com/1450800
Court: Kerala High Court
Judge: Honourable Mr.Justice Basant Balaji
Decided On: May 31, 2022
Case Number: Tr.P(C)/106/2021

Parties & Advocates

Appellant / Petitioner

Kanchan,

Respondent

Praveenkumar,

Excerpt

.....will be caused to o.p.no.1389 of 2020 is also transferred to the family court, thrissur.4. the respondent has filed a counter affidavit, in which it is stated that the averments made in thetransfer petition are not true to facts. the petitioner is a frequent traveller in connection with her job and it is not difficult for her to travel from thrissur to the family court, kollam. moreover, o.p.no.1389 of 2020 is already initiated and the matter will be adjudicated within a short period,it is only to delay the disposal of o.p.no.1389 of 2020, this transfer petition is filed. 5. admittedly, two cases are pending before the family court, thrissur, as gop no.2061 of 2020 and m.c.no.590 of 2020. the respondent has already entered appearance and contesting the same. in the saidcircumstance, it is only just and proper and to meet the ends of justice, o.p.no.1389 of 2020 also be transferred from family court, kollam to the family court, thrissur.6. i am satisfied with the reasons for transferstated by the petitioner. moreover, as held by the hon'ble supreme court in sumita singh v. kumar sanjay and another [(2001) 10 scc 41], rajani kishor pardeshi v. kishor babulal pardeshi [(2005) 12 scc 237] and a plethora of other decisions, in transfer petitions arising from matrimonial cases, convenience of the wife should be preferred over that of the husband. in the result, the transfer petition no.106 of 2021 is allowed and o.p.no.1389 of 2020 pending before the family court, kollam is withdrawn and transferred to the family court, thrissur. the family court, kollam is directed to transmit the records immediately to the family court, thrissur. the parties shall.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944 (SEEKS TRANSFER OP 1389/2020 OF FAMILY COURT, KOLLAM TO FAMILY COURT, THRISSUR) PETITIONER/RESPONDENT: KANCHAN, AGED 32 YEARS, D/O.MOHAN PARAMELKALATHIL HOUSE, PALLUR P.O., DESAMANGALAM, PALLUR VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT-679 532. BY ADVS. C.A.CHACKO SMT.C.M.CHARISMA SHRI.ALEKH THOMAS RESPONDENT/PETITIONER: PRAVEENKUMAR, AGED 40 YEARS, S/O.PRABHAKARAN PILLAI, OM NIVAS, PUTHANKULAM P.O., POOTHAKKULAM VILLAGE, KOLLAM-691 302. BY ADVS. SRI.JUSTINE JACOB SRI.K.S.ARUN KUMAR SMT.BINDU MOHAN SHRI.VIJAY SANKAR V.H. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

(Dated :31st May, 2022) This Transfer Petition is filed by the petitioner/wife, seeking transfer of O.P.No.1389 of 2020 pending before the Family Court, Kollam to the Family Court, Thrissur.

2. The learned counsel for the petitioner submits that, the marriage between the petitioner and the respondent was solemnised on 15.07.2012. Two children were born in the wedlock respectively on 11.06.2016 and

14.11.2018. Due to the marital discord, they are living separately and the petitioner filed M.C.No.590 of 2020 before the Family Court, Thrissur, seeking maintenance for herself and for the younger minor child. She also

filed     GOP   No.2061     of     2020   before       the    Family    Court,
Thrissur,       against      the     respondent.         While     so,     the
respondent      filed       O.P.No.1389      of        2020    against     the

petitioner for restitution of conjugal rights before the Family Court, Kollam.

3. The case of the petitioner is that, she is not

in a position to travel from Thrissur to the Family Court, Kollam on all posting dates. She has to take care of the minor son also. Annexure-A1 and A2 cases are pending before the Family Court, Thrissur and the respondent has already entered appearance in those cases and no prejudice will be caused to O.P.No.1389 of 2020 is also transferred to the Family Court, Thrissur.

4. The respondent has filed a counter affidavit, in which it is stated that the averments made in the

transfer     petition       are      not    true     to    facts.       The
petitioner is a frequent traveller in                     connection with
her job and it        is not      difficult for her to travel from
Thrissur to the           Family         Court,     Kollam.     Moreover,
O.P.No.1389       of 2020 is           already initiated         and the
matter will      be       adjudicated      within     a short       period,

it   is only to delay           the    disposal           of     O.P.No.1389       of
2020,       this            transfer          petition               is         filed.
     5.    Admittedly, two cases are pending before the
Family    Court,          Thrissur,    as     GOP    No.2061         of   2020    and
M.C.No.590 of 2020.             The respondent has already entered
appearance          and     contesting       the         same.      In    the    said

circumstance, it is only just and proper and to meet the ends of justice, O.P.No.1389 of 2020 also be transferred from Family Court, Kollam to the Family Court, Thrissur.

6. I am satisfied with the reasons for transfer

stated by the petitioner. Moreover, as held by the Hon'ble Supreme Court in Sumita Singh v. Kumar Sanjay and another [(2001) 10 SCC 41], Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi [(2005) 12 SCC 237] and a plethora of other decisions, in transfer petitions arising from matrimonial cases, convenience of the wife should be preferred over that of the husband. In the result, the Transfer Petition No.106 of 2021 is allowed and O.P.No.1389 of 2020 pending before the Family Court, Kollam is withdrawn and transferred to the Family Court, Thrissur. The Family Court, Kollam is directed to transmit the records immediately to the Family Court, Thrissur. The parties shall appear before the Family Court, Thrissur on 23.06.2022.

Transfer Petition is allowed. Sd/- BASANT BALAJI, JUDGE ss APPENDIX OF TR.P(C) 106/2021 PETITIONER ANNEXURES: ANNEXURE A1 TRUE COPY OF M.C NO 590/20 FILED BY PETITIONER BEFORE THE FAMILY COURT THRISSUR ANNEXURE A2 TRUE COPY OF GOP NO NO 2061/20 FILED BY PETITIONER BEFORE FAMILY COURT, THIRSSUR ANNEXURE A3 TRUE COPY OF OP NO 1389/20 FILED BY RESPONDENT AT FAMILY COURT, KOLLAM

Same Court & Year Kerala · 2022 Same Parties Kanchan, vs Praveenkumar, Same Judge Honourable Mr.Justice Basant Balaji