Sona Wilson vs Wilson P.Mathews
2021 Latest Caselaw 16341 Ker

  Tr.PC.252/21                           1

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                    THE HONOURABLE MR.JUSTICE V.G.ARUN
  WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
                            TR.P(C) NO. 252 OF 2021
    AGAINST THE ORDER/JUDGMENT IN OPDIV 1867/2020 OF FAMILY
                         COURT,THRISSUR, THRISSUR
PETITIONER/S:

             SONA WILSON
             AGED 39 YEARS
             D/O. JOSEPH V., VADAKKUMTHALA HOUSE, OPP. GAS
             GODOWN, THANNIKKAL, PO ELAMAKKARA, ERNAKULAM
             (DIST.), PIN-682016.

             BY ADVS.
             GERRY DOUGLES S.
             SRI.ARUN MATHEW VADAKKAN
             SHRI.DON PAUL



RESPONDENT/S:

             WILSON P.MATHEWS
             AGED 44 YEARS
             S/O. LATE P.T.KOCHU MATHEW, PONNOR HOUSE, PULINCHERY
             ROAD, PO PAVARATTY, PAVARATTY VILLAGE, CHAVAKKADU
             TALUK, TRICHUR (DIST.), PIN-680507.

             BY ADV PREMCHAND M.




      THIS       TRANSFER    PETITION   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON, THE COURT ON 04.08.2021 THE SAME DAY DELIVERED
THE FOLLOWING:
   Tr.PC.252/21                             2




                                 V.G.ARUN, J.
                  -----------------------------------------------
                          Tr.P.C.No. 252 of 2021
                  -----------------------------------------------
                 Dated this the 4th day of August, 2021

                                   ORDER

The spouses are at loggerheads and the respondent-husband

has sought divorce by filing O.P.(DIV).No.1865 of 2020 before the

Family Court, Thrissur. The petitioner-wife, who is a permanent

resident of Elamakkara in Ernakulam District, is seeking transfer of

the original petition filed by the respondent to the Family Court,

Ernakulam. The reason for transfer is the difficulty in commuting

from Ernakulam to Thrissur to contest the case.

2. Learned counsel for the petitioner submitted that the

petitioner has to look after her aged parents and there is no one in

the family to accompany her to Thrissur. It is pointed out that the

petitioner does not own a vehicle and has to depend on public

transport, which is not advisable under the prevailing circumstances.

It is contended that in matters of transfer pertaining to matrimonial

cases, convenience of the wife should be given precedence over

that of the husband.

3. Learned counsel for the respondent submitted that earlier

the respondent had filed G.O.P.No.718 of 2020 before the Family

Court, Thrissur, which was initially contested by the petitioner and

the later given up, as evidenced by Exhibit R1. Thereupon, the

Family Court, Thrissur decreed the original petition, restraining the

petitioner from removing the three minor children from the lawful

custody of the respondent otherwise than under due process of law.

It is submitted that the petitioner has so far not initiated any legal

proceeding for getting custody of the children and it is the

respondent, who is looking after the children single handedly. As the

respondent is having care and custody of the children, he may not

be compelled to contest the case at Ernakulam. It is submitted that

the respondent is even prepared to meet the travel expenses of the

petitioner.

4. The prayer for transfer is made mainly for reason of the

inconvenience to which the petitioner will be put, if compelled to

contest the case at Thrissur. It is an admitted fact that the minor

children are living with the respondent at Thrissur and the earlier

proceedings was before the Family Court, Thrissur. The respondent

having undertaken to bear the travel expenses of the petitioner, on

the dates on which she appears before the Family Court, Thrissur,

the petitioner's grievance stands substantially allayed. As held by

the Apex Court in Arindhita Das v Srijit Das [(2006) 9 SCC 197],

convenience of the wife need not be given precedence always.

In the result, the transfer petition is dismissed. The

undertaking made on behalf of the respondent that he will bear the

expenses for the petitioner's travel from Ernakulam to Thrissur for

appearing before the Family Court, Thrissur, is recorded. The Family

Court, Thrissur shall not insist on the petitioner's personal presence,

unless absolutely necessary.

Sd/-

V.G.ARUN, JUDGE

vgs

APPENDIX OF TR.P(C) 252/2021

PETITIONER ANNEXURE

ANNEXURE 1 TRUE COPY OF NOTICES DATED 18.11.2020 IN OP 1867/2020 FROM HON'BLE FAMILY COURT, TRICHUR RECEIVED BY PETITIONER AND COP OF IA.5/2020.