Kerala High Court
Rinny Sofia Babu vs Jacob Antony on 8 November, 2024
Tr.P(C).No.497 of 2024 1
2024:KER:83613
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
TR.P(C) NO. 497 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OP NO.1859 OF
2023 OF FAMILY COURT,THRISSUR
PETITIONER/RESPONDENT:
RINNY SOFIA BABU
AGED 30 YEARS
D/O LATE ANTONY BABU, RESIDING AT CC 1/2736,
PULLIKAL HOUSE, MECHANZIE GARDEN, FORTKOCHI
VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT -, PIN -
682001
BY ADVS.
BENEDICTA VEMBLY
CINDIA S.
HYBIN JOSE P.P.
RESPONDENT/PETITIONER:
JACOB ANTONY,
AGED 35 YEARS, S/O ANTONY JACOB, ARACKAL HOUSE,
AVENUE ROAD, MUNDUPAALAM DESAM, KURIACHIRA P.O,
THRISSUR –, PIN - 680006
BY ADV ADITYA T.P.
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Tr.P(C).No.497 of 2024 2
2024:KER:83613
VIJU ABRAHAM, J.
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Tr.P(C).No.497 of 2024
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Dated this the 8th day of November, 2024
ORDER
The petitioner has approached this Court seeking transfer of OP.No.1859 of 2023 pending before the Family Court, Thrissur to the Family Court, Ernakulam.
2. The learned counsel for the petitioner submits that the petitioner is now residing at Fort Kochi within the territorial jurisdiction of the Family Court, at Ernakulam along with her two year old son and she is finding it difficult to travel all the way to the Family Court, Thrissur to attend the court proceedings.
3. Taking into consideration the fact that the residence of the petitioner is within the jurisdictional limit of the Family Court at Ernakulam and she finds it difficult to travel all the way to attend the Family Court at Thrissur Tr.P(C).No.497 of 2024 3 2024:KER:83613 and the settled position of law that the convenience of the wife is of paramount importance while considering an application for transfer as held by the Apex Court in Sumita Singh v. Kumar Sanjay and another, AIR 2002 SC 396, Mangla Patil Kale v. Sanjeev Kumar Kale, (2003) 10 SCC 280, Aishwarya v. Saravana Karthik Sha, 2022 (4) KLT OnLine 1020 (SC) and Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi, 2005 (1) KLT OnLine 1169(SC), I am inclined to allow this transfer petition.
Therefore, above transfer petition is allowed transferring O.P.No.1859 of 2023 on the file of the Family Court, Thrissur to the Family Court, Ernakulam for trial and disposal.
sd/-
VIJU ABRAHAM,JUDGE pm Tr.P(C).No.497 of 2024 4 2024:KER:83613 APPENDIX OF TR.P(C) 497/2024 PETITIONER'S ANNEXURES Annexure 1 THE TRUE COPY OF OP NO 1859 OF 2023 ON THE FILE OF FAMILY COURT, TRISSUR Annexure II A TRUE COPY OF THE BIRTH CERTIFICATE OF THE MINOR CHILD Annexure IIi A TRUE COPY OF FEE RECEIPT OF THE PLAY SCHOOL FOR THE MONTH OF JULY,2024 Annexure IV A TRUE COPY OF THE ORIGINAL PETITION IN MC NO. 14/2024 BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT- V, MATTANCHERRY FILED BY THE PETITIONER Annexure V A TRUE COPY OF THE AADHAAR CARD OF THE PETITIONER (AADHAAR NO. 643029234680)