Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943 TO TRANSFER OP(OTHERS) 147/2021 OF FAMILY COURT, KOTTARAKKARA TO FAMILY COURT, MAVELIKARA PETITIONERS: 1 N.IRFANA AGED 23 YEARS D/O RAHIM, MENATHERIL, KRISHNAPURAM, KRISHNAPURAM VILLAGE, 2 RAHIM AGED 55 YEARS F/O IRFANA, 3 NAZEEMA AGED 40 YEARS M/O IRFANA, BY ADV A.SHAFEEK (KAYAMKULAM) RESPONDENT: SHANU.S AGED 31 YEARS S/O KMR SHAJAHAN, RESIDING AT CHINCHU MANZIL, NEDUVATHOR P O, NEDUVATHOOR VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT-691506. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
Dated this the 29th day of October, 2021 The marital discord amongst spouses has resulted in the first petitioner/wife filing M.C.No.114 of 2020 for maintenance and O.P.No.227 of 2021 for return of money and gold ornaments, before the Family Court, Mavelikara. The respondent/husband has filed O.P(Others)No.147 of 2021, before the Family Court, Kottarakkara, seeking return of gold ornaments. In that Original Petition, the parents of the first petitioner, petitioners 2 and 3 herein, are also made parties. Petitioners are seeking transfer of O.P(others)No.147 of 2021 filed by the respondent from the Family Court, Kottarakkara to the Family Court, Mavelikara.
2. It is submitted that the Original Petition is filed
by the husband as a counter blast, with the sole intention of harassing and vexing the petitioner and her parents. The difficulty in contesting the cases before two courts and the possibility of divergent orders being passed are projected as the reasons for seeking transfer.
3. Despite service of notice, there is no appearance for the respondent.
4. I am convinced with the reasons stated and is
guided by the decisions of 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], holding that in transfer petitions arising out of matrimonial disputes, preference should be given to the convenience of the wife over that of the husband. Hence, I am inclined to allow the prayer for transfer. In the result, the transfer petition is allowed. O.P(Others)No.147 of 2021, on the files of the Family Court, Kottarakkara shall forthwith be transferred to the Family Court, Mavelikara.
Sd/- V.G.ARUN JUDGE NB/29-10 APPENDIX OF TR.P(C) 390/2021 PETITIONER’S ANNEXURE ANNEXURE A1 TRUE COPY OF THE M.C.NO.114/2020 DATED SECTION 12591) OF THE CODE OF CRIMINAL PROCEDURE BEFORE THE FAMILY COURT, MAVELIKKARA FOR MAINTENANCE. ANNEXURE A2 TRUE COPY OF THE M.C.NO.108/2020 DATED THE JUDICIAL FIRST CLASS MAGISTRATE COURT-1, KAYAMKULAM AGAINST THE RESPONDENT, HIS PARENTS AND SISTERS UNDER SECTION 12 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT,2005.
ANNEXURE A3 TRUE COPY OF THE OP NO.227/2021 DATED 2/2021 FILED BY THE 1ST PETITIONER FOR RETURN OF MONEY AND GOLD ORNAMENTS AGAINST THE RESPONDENT AND HIS PARENTS. ANNEXURE A4 TRUE COPY OF THE OP (OTHERS) NO.147/2021 DATED 25.03.2021 FILED BY THE RESPONDENT AGAINST THE PETITIONER'S ON THE FILES OF THE FAMILY COURT, KOTTARAKARA. RESPONDENT’S ANNEXURE: NIL True Copy P.A to Judge