Salooja vs Anil P.A
2021 Latest Caselaw 14097 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
      WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
                        TR.P(C) NO. 735 OF 2018
     AGAINST THE ORDER/JUDGMENT IN OP 962/2018 OF FAMILY COURT,
                         IRINJALAKUDA, THRISSUR
PETITIONER/S:

           SALOOJA
           AGED 33 YEARS
           D/O RAJAN, PUTHANPURAKKAL HOUSE, NAYARAMBALAM VILLAGE,
           KOCHI TALUK, NAYARAMBALAM P.O., ERNAKULAM DISTRICT, PIN-
           682 509.

           BY ADVS.
           T.N.SURESH
           SRI.V.S.ANU MON
           SMT.A.S.CHINJU DUTH
           SMT.DHANUJA VETTATHU



RESPONDENT/S:

           ANIL P.A
           S/O ASOKAN, PUTHANPURAKKAL HOUSE, VADAKKUMKARA VILLAGE,
           MUKUNDAPURAM TALUK, VALLANKALLUR PO, THRISSUR DISTRICT,
           PIN-680 662.


     THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 TR.P(C) NO. 735 OF 2018
                                     2



                                JUDGMENT

Dated this the 7th day of July, 2021

The spouses are at loggerheads with each other and have

resorted to legal remedies. The petitioner / wife has filed M.C

No.409 of 2018 before the Family Court, Ernakulam seeking

maintenance and O.P No.2592 of 2018 for return of gold ornaments

and other reliefs. The respondent / husband has filed OP No.962 of

2018 before the Family Court Irinjalakuda for divorce.

2. It is submitted that the petitioner is a permanent resident of

Nayarambalam, within the jurisdiction of the Ernakulam Family

Court and it is extremely difficult for her to travel to Irinjalakuda for

contesting the case.

3. Even though, service on notice on the respondent was

completed, by serving a copy of the original petition on his counsel

appearing before the Family Court, there is no appearance on his

behalf.

4. As held by the Honourable Supreme Court in Sumita Singh v

Kumar Sanjay and another [(2001) 10 SCC 41, Rajani Kishore Pardesh

v Kishore Babulal Pardesh [ (2005) 1 SCC 237 and a plethora of other TR.P(C) NO. 735 OF 2018

decisions, in transfer petitions arising from matrimonial cases,

convenience of the wife should be preferred over that of the

husband. On consideration of the reasons stated and in the light of

the precedents, I am persuaded to allow the petitioner's request for

transfer.

In the result, the Tr.P.C No.735 of 2018 is allowed. O.P. No.962

of 2018 on the files of the Family Court, Irinjalakuda shall forthwith

be transferred to the Family Court, Ernakulam.

Sd/-

V.G ARUN JUDGE

SJ TR.P(C) NO. 735 OF 2018

APPENDIX OF TR.P(C) 735/2018

PETITIONER ANNEXURE

ANNEXURE A1 THE TRUE COPY OF THE MC NO:409/2018 PENDING BEFORE THE FAMILY COURT, ERNAKULAM.

ANNEXURE A2 THE TRUE COPY OF THE OP NO:2592/2018 PENDING BEFORE THE FAMILY COURT ERNAKULAM.

ANNEXURE A3 THE TRUE COPY OF THE O.P.962/2018 PENDING BEFORE THE FAMILY COURT IRINJALAKUDA.

ANNEXURE A4 THE TRUE COPY OF THE SUMMONS INTIMATING THE DATE OF POSTING ON 13.12.2018 IN OP NO:962/2018 PENDING BEFORE THE FAMILY COURT IRINJALAKUDA.