Kerala High Court
Dr.Swetha R vs Dr.V.S.Sandeep on 8 July, 2021
TR.P(C) NO. 148 OF 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
TR.P(C) NO. 148 OF 2020
AGAINST THE ORDER/JUDGMENT IN OP 1719/2019 OF FAMILY COURT, THRISSUR
PETITIONER/RESPONDENT IN COURT BELOW:
DR.SWETHA R.,
AGED 28 YEARS
D/O. RAMAMOORTHY, KORANGODUKALAM, KODUVAYOOR (P.O.),
CHITTOOR TALUK, PALAKKAD DISTRICT - 678 501
BY ADVS.
RAJESH SIVARAMANKUTTY
SMT.K.VIJINA
SMT.RASHMI PATHIYIL
SMT.JAEONA JAMES
RESPONDENT/PETITIONER IN COURT BELOW:
DR.V.S.SANDEEP,
AGED 32 YEARS
S/O. DR. SUDHAGOPAN, VAIKKATTIL HOUSE, ENGANDIYOOR (PO),
ENGANDIYOOR VILLAGE, CHAVAKKADU TALUK, THRISSUR DISTRICT -
680 615 PRESENTLY EMPLOYED AT AHALYA AYURVEDA MEDICAL
COLLEGE, WALAYAR, PALAKKAD PIN 678 624
BY ADV SRI.PREMCHAND M.
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TR.P(C) NO. 148 OF 2020
2
ORDER
Dated this the 08th day of July 2021
The marital discord amongst the spouses has
resulted in the respondent/husband filing O.P.No.1719 of
2019 before the Family Court, Thrissur for dissolution of
marriage on the ground of cruelty. The petitioner/wife,
who is a permanent resident of Chittoor in Palakkad
District, seeks transfer of that original petition to the
Family Court, Palakkad.
2. According to the petitioner, it is extremely
difficult for her to commute to Thrissur for the purpose of
contesting the case, more so, since she has to look after
the minor child, aged two years.
3. Learned Counsel for the respondent did not raise
serious objection to the request for transfer and submits
that the Family Court, Palakkad may not insist for
personal appearance on every posting date.
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
TR.P(C) NO. 148 OF 2020
Pardesh [ (2005) 1 SCC 237] and a plethora of other
decisions, in transfer petitions arising from matrimonial
cases, convenience of the petitioner/wife should be
preferred over that of the husband. Even going by the
averments in the petition for divorce, the marriage was
solemnized and the parties had resided together at
Palakkad. Hence, I am inclined to allow the request.
In the result, the Tr.P.C No.148 of 2020 is allowed.
O.P.No.1719/2019 on the files of the Family Court,
Thrissur shall forthwith be transferred to the Family
Court, Palakkad. The Family Court shall not insist for
personal appearance of the parties, unless their presence
is necessary.
Sd/-
V.G.ARUN
JUDGE
NB/8.7.21
TR.P(C) NO. 148 OF 2020
APPENDIX OF TR.P(C) 148/2020
PETITIONER'S ANNEXURE
ANNEXURE A TRUE COPY OF O.P. NO.1719/2019 PENDING ON THE
FILES OF THE FAMILY COURT, THRISSUR
RESPONDENT'S ANNEXURE: NIL
True Copy
P.A to Judge
