Matrimonial Dispute: No Transfer of Cases can be sought by Wife citing Temporary Change of her address, Read HC Order

The Kerala High Court has reiterated that mere transfer to a place temporarily cannot be made into a ground to file transfer petition for cases before competent court, particularly when permanent residence is within the jurisdiction.

The single-judge bench of Justice A. Badharudeen while refusing to entertain a transfer petition filed by a woman who had sought for transfer of the four cases pending before Family Court merely because she was presently residing with her cousin, observed:

"mere temporary stay for some reasons cannot be the foundation for transferring matters pending before the competent jurisdiction filed by the petitioner, who is a permanent resident within the jurisdiction of the said court"

Learned Counsel for the petitioner had vehemently argued that the marital relationship between the petitioner and the first respondent was strained due to unspeakable cruel treatment towards the petitioner by the first respondent and her mother for dowry. It was pleaded that she now live is 120 km far away from the jurisdiction of the cases filed before Family Court as she fears harm to herself.

On the other hand, the learned counsel for the respondents argued that in order to drag the trial and disposal of the above cases pending from 2019 onwards, this transfer petition has been filed without bonafides and the petitioner has no residence at present. It was highlighted that when the counsel for the respondents issued a notice in the address of the petitioner shown in this transfer petition, the same was returned with the endorsement “not known”. 

The Court stated:

"I do not think mere temporary stay for some reasons cannot be the foundation for transferring matters pending before the competent jurisdiction filed by the petitioner, who is a permanent resident within the jurisdiction of the said court."

Read Order Here: