Asha P.M vs Vibheesh K.V
2021 Latest Caselaw 13602 Ker

TR.P(C) NO. 387 OF 2018


                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                          THE HONOURABLE MR.JUSTICE V.G.ARUN
           THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                               TR.P(C) NO. 387 OF 2018
 AGAINST THE ORDER/JUDGMENT IN OPDIV 1967/2017 OF FAMILY COURT,THRISSUR


PETITIONER:

              ASHA P.M.
              AGED 33 YEARS, D/O MOHAN P.B, PLATHOTTATHIL HOUSE,NARIKKUND
              PO, AMBALAVAZHYIL, WAYANAD DISTRICT-673593.
              BY ADVS.
              SMT.K.K.PREETHA
              SRI.R.K.PRASANTH


RESPONDENT:

              VIBHEESH K.V.
              AGED 33 YEARS, S/O VENUGOPAL K.S, KULIYATTU HOUSE,
              ARTHATT P.O, KUNNAMKULAM, THRISSUR DISTRICT-680521.


THIS   TRANSFER     PETITION     (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 TR.P(C) NO. 387 OF 2018
                                           2




                                      ORDER

Dated this the 01st day of July 2021

The marital discord amongst the spouses has

resulted in the respondent (husband) filing

O.P.No.1967/2017 before the Family Court, Thrissur

for dissolution of marriage. In turn, the petitioner

(wife) has filed M.C.No.63/2018 before the Family

Court, Wayanad seeking maintenance from the

respondent. The prayer in this petition is to transfer

the original petition from the Family Court, Thrissur

to the Family Court, Wayanad.

2. It is submitted that the petitioner is living at

the mercy of her mother and getting only a meager

income by doing menial work in a nearby hotel.

Therefore, it is impossible for her to commute more

than 200kms and contest the case at Thrissur.

3. Even though the respondent is served with

notice through his Counsel appearing before the TR.P(C) NO. 387 OF 2018

court below, there is no appearance on his behalf.

4. On consideration of the reasons stated and

in view of the decisions of the Hon'ble Supreme

Court holding that, in the matter of transfer of cases

relating to matrimonial disputes, convenience of the

wife shall be given priority, I am inclined to allow the

transfer petition.

In the result, the transfer petition is allowed.

O.P.No.1967/2017 on the files of Family Court,

Thrissur shall forthwith be transferred to the Family

Court, Wayanad.

Sd/-

V.G.ARUN

JUDGE NB/1.7.21 TR.P(C) NO. 387 OF 2018

APPENDIX OF TR.P(C) 387/2018

PETITIONER'S ANNEXURE

ANNEXURE 1 TRUE COPY OF THE OP.NO.1967/2017 FILED BEFORE THE FAMILY COURT, THRISSUR

ANNEXURE 2 TRUE COPY OF THE MC NO 63 OF 2018 FILED BEFORE THE FAMILY COURT, WAYANAD

RESPONDENT'S ANNEXURE : NIL

True Copy P.A to Judge