Sandhya vs Aneesh.T
2021 Latest Caselaw 14145 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. 439 OF 2018
    AGAINST THE ORDER/JUDGMENT IN OPHMA 503/2018 OF FAMILY COURT,
                         MAVELIKKARA, ALAPPUZHA
PETITIONER/S:

           SANDHYA
           AGED 28 YEARS
           D/O. BHARGAVAN, AGED 28 YEARS, SAROJINIBHAVANAM,
           KADAMPANADU VILLAGE, KALLUKUZHI, KADAMPANADU - 691551.

           BY ADV SRI.K.K.SETHUKUMAR



RESPONDENT/S:

           ANEESH.T
           AGED 38 YEARS
           AGED 38 YEARS, S/O. THANKAPPAN, VALLAMKUNNIL, NOORNADU
           P.O., ERUMAKUZHI, ALAPPUZHA DISTRICT - 690504.


     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. 439 OF 2018
                                    2



                                JUDGMENT

Dated this the 7th day of July, 2021

The matrimonial disputes between the spouses has resulted in

the petitioner / wife filing M.C No 36 of 2018 before the Family Court

Pathanamthitta and the respondent / husband, OP No. 503 of 2018 for

dissolution of marriage before the Family Court, Mavelikkara. The

prayer in this petition is to transfer the OP No.503 of 2018 to the

Family Court Pathanamthitta.

2. It is submitted that the distance from petitioner's residence to

the Family Court Pathanamthitta is only 18 Kms, whereas the distance

to the Family Court, Mavelikkara is 65 Kms. That the petitioner do not

have the financial resources to travel and contest the case at

Mavelikkara.

3.Despite serving notice on the counsel appearing for the

respondent 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. 439 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 in this petition and on being

guided by the precedents, I am inclined to allow the petitioner's

request for transfer.

In the result, the Tr.P.C No.439 of 2018 is allowed. O.P. No.503

of 2018 on the files of the Family Court, Mavelikkara shall forthwith be

transferred to the Family Court, Pathanamthitta.

Sd/-

V.G ARUN JUDGE

SJ