IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
TR.P(C) NO. 565 OF 2021
AGAINST THE ORDER/JUDGMENT IN OPHMA 1087/2021 OF FAMILY
COURT, KOTTAYAM
PETITIONER/RESPONDENT:
SWPANA
AGED 41 YEARS
D/O. BHASKHARAN, KOTHIRAPPALLY VEETTIL, PUNNAPARA,
AMBALAPPUZHA, ALAPPUZHA.
BY ADVS.
R.SUNIL KUMAR
A.SALINI LAL
RESPONDENT/PETITIONER:
RATHEESH V THAMPI
AGED 43 YEARS
S/O.V.A. THAMBI, VATTAKUNNEL @ GEETHANJALI, S.H.
MOUNT, KOTTAYAM.
BY ADV LUKE J CHIRAYIL
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON01.07.2022, THE COURT ON 07.07.2022 DELIVERED THE
FOLLOWING:
Tr.P(C).No.565 of 2021 2
A. BADHARUDEEN, J.
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Tr.P(C).No.565 of 2021
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Dated this the 7th day of July, 2022
ORDER
This is an application filed by the petitioner, who is the wife of the respondent, to transfer O.P(HMA).No.1087/2021 pending before the Family Court, Ettumanoor to Family Court, Alappuzha as the said place is convenient for her, since she has been residing in Alappuzha.
2. On notice, the respondent appeared and filed counter affidavit. According to the respondent, the difficulty expressed by the petitioner is with regard to travelling of 100 km from her residence to Family Court, Ettumanoor and she has been spending Rs.750/- per day towards travelling expenses. These are not sufficient reasons for transferring the case.
3. Reply affidavit is filed denying the allegations in the Tr.P(C).No.565 of 2021 3 counter affidavit regarding filing of a criminal case and other details.
4. In this case, the petitioner, is admittedly the wife of the respondent. It is submitted by the learned counsel for the petitioner that the petitioner has been residing within the jurisdiction of Family Court, Alappuzha and said place is convenient for her. It is argued further that the interest of the wife is having predominance in matters of transfer involving family disputes and it is submitted further that the respondent is a person working as Assistant Executive Engineer, Water Supply Project Section, Alappuzha from 2014 onwards, and, therefore, the transfer sought to Alappuzha is convenient to the 1st respondent also.
5. Highlighting the decision of a Division Bench of this Court in [2021 (6) KHC 506 : 2021 KHC OnLine 768 : 2021 (4) KLJ 909, Vidhya Mundekkat v. Akhilesh Jayaram, it is argued by the learned counsel for the respondent that there is no invariable rule that whenever a wife makes a request pointing out her inconvenience, transfer to a court of her choice is automatic. Tr.P(C).No.565 of 2021 4
6. The legal position is not in dispute. In this case, it is submitted by the learned counsel for the respondent that the mother of the respondent is laid up and his presence within the jurisdiction of Kottayam district is absolutely necessary to take care of his mother. This aspect is also strongly opposed by the learned counsel for the petitioner on the submission that the respondent has another sister and she has been looking after the affairs of the mother. The other side also not disputed that the respondent has another sister.
7. Though the Division Bench held that it is not an invariable rule that transfer to be allowed taking note of the convenience of the wife alone, the said rule is an exception when the facts of the case espouses reasons to have deviation. However, from the facts of the given case, it is an admitted fact that the petitioner, who is a resident of Alappuzha, seeks transfer of the O.P(HMA).No.1087/2021 pending before the Family Court, Ettumanoor to Family Court, Alappuzha, highlighting her convenience, where the respondent also has been working from 2014 onwards, admittedly. In such a case, there is no reason to Tr.P(C).No.565 of 2021 5 deny the transfer as sought for. Therefore, the same is liable to be allowed.
8. Accordingly, this Transfer Petition is allowed. O.P(HMA).No.1087/2021 pending before the Family Court, Ettumanoor shall stand transferred to the Family Court, Alappuzha. Family Court, Ettumanoor, is directed to forward the case records to the Family Court, Alappuzha, forthwith. Parties shall appear before the Family Court, Alappuzha on 29.07.2022.
Registry shall forward a copy of this order to the Family Court, Ettumanoor and Family Court, Alappuzha, within 7 days for information and compliance.
Sd/-
(A. BADHARUDEEN, JUDGE) rtr/ Tr.P(C).No.565 of 2021 6 APPENDIX OF TR.P(C) 565/2021 PETITIONER'S ANNEXURES ANNEXURE-1: COPY OF O.P(HMA) NO.1087/21 OF ETTUMANOOR FAMILY COURT.
ANNEXURE-2: COPY OF THE MEDIATION TERMS OF SETTLEMENT IN O.P.NO.1048/11 AND O.P.NO.1466/2011 OF THE FAMILY COURT, ALAPPUZHA.
ANNEXURE-3: COPY OF MAINTENANCE PETITION BEFORE THE AMBALAPPUZHA BLOCK GRAMANYAYALAYAM.
RESPONDENT'S ANNEXURES Annexure R1(a) COPY OF THE FIR DT.8.12.2021 HAVING NUMBER 1250 OF 2021 OF PUNNAPRA POLICE STATION.
Annexure R1 (b) The true copy of order dated 11.01.2022 in B.A No. 9630 of 2021 on the files of the honorable High Court of Kerala.
Annexure R1 (c) The true copy of the identity card issued by the Kerala Water Authority having PF No. WA 15133.
Annexure R1 (d) The true copy of the Aadhar card No. 8611 2434 5133.
Annexure R1 (e) The true copy of the patient registration card having MR No. 00108954 of MAR SLEEVA Medicity Palai.
Annexure R1(f) The true copy of bill of supply dated 31.05.2022 from Grace Medicals for an amount of Rs.3,210/-.
Annexure R1 (g) The true copy of the Application for
General Transfer of Kerala Water
Authority having application No. 12986 dated 30.05.2022.
Exhibit R1 (h) The true copy of the case status of Tr.P.(C) No. 345 of 2010 on the files of the honorable High Court of Kerala.