Kesna Khader vs Suraj Sethu Mohammed
2021 Latest Caselaw 14477 Ker

TR.P(C) NO. 514 OF 2020


                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                          THE HONOURABLE MR.JUSTICE V.G.ARUN
           TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
                               TR.P(C) NO. 514 OF 2020
AGAINST THE ORDER/JUDGMENT IN OP 749/2020 OF FAMILY COURT, IRINJALAKUDA,
                                      THRISSUR
PETITIONER/RESPONDENT IN O.P:

              KESNA KHADER
              AGED 26 YEARS
              D/O. KHADER, PALLITTODUNGAL HOUSE, NATTIKA VILLAGE,
              VALAPPADU DESOM, CHAVAKKAD TALUK, THRISSUR P. O. - 680 567.
              BY ADVS.
              E.ADITHYAN
              SMT.MEERA RAMESH


RESPONDENT/PETITIONER IN O.P:

              SURAJ SETHU MOHAMMED
              AGED 31 YEARS
              S/O. SETHU MOHAMMED, KOTTAYIPARAMBIL HOUSE, VELLANGALLUR
              DESOM, THRISSUR P. O. - 680 662.
              BY ADVS.
              SMT.M.SHAJNA
              SRI.K.M.FIROZ



THIS   TRANSFER     PETITION     (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
13.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 TR.P(C) NO. 514 OF 2020
                                          2




                                    ORDER

Dated this the 13th day of July 2021

The matrimonial discord amongst the

petitioner/wife and the respondent/husband has

resulted in the petitioner filing O.P.No.357 of 2020

for damages and O.P.No.358 of 2020 for dissolution

of marriage before the Family Court, Thrissur. On

the other hand, the respondent has filed O.P.No.749

of 2020 before the Family Court, Irinjalakuda seeking

restitution of conjugal rights. The prayer in this

petition is to transfer O.P.No.749 of 2020 from the

Family Court, Irinjalakuda to the Family Court,

Thrissur.

2. It is submitted that the petitioner is a

permanent resident of Nattika Village, which is within

the jurisdictional limits of Family Court, Thrissur.

3. The transfer is opposed by the respondent

stating that the petitioner is working at the Apollo TR.P(C) NO. 514 OF 2020

Adlux Hospital, Angamaly which is near to the Family

Court, Irinjalakuda. It is pointed out that the

respondent is residing at Pulloot and will have to

travel more than 50.kms. to reach the Family Court,

Thrissur. On the other hand, from Valappad, the

petitioner will have to travel only 20.k.ms. to reach

the Family Court, Irinjalakuda. The further case is

that the respondent's parents are aged and ailing

and require his constant care and attention.

4. The petitioner as well as the respondent has

moved the respective Family Courts for dissolution of

marriage. Being so, it is essential that both cases

are considered by the same court so as to avoid

multiplicity of proceedings and divergent decisions.

Hence, the question is whether the case filed by the

respondent should be transferred to the Family court

where the case filed by the petitioner is pending. In

this regard, it is pertinent to note that the

Honourable Supreme Court has in Sumita Singh v

Kumar Sanjay and another [(2001) 10 SCC 41], and TR.P(C) NO. 514 OF 2020

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.

5. In Leena Mukhargee v. Rabi Shanker [2002

(10 SCC 480], the Apex Court has held that the

wife's lack of companion to travel with, to be an

appropriate reason for transfer. In the light of the

above precedents, I am inclined to allow the request

for transfer.

In the result, the Tr.P.C No.514 of 2020 is

allowed. O.P.No.749/2020 on the files of the Family

Court, Irinjalakuda shall forthwith be transferred to

the Family Court, Thrissur.

Sd/-

V.G.ARUN

JUDGE NB/13.7.21 TR.P(C) NO. 514 OF 2020

APPENDIX OF TR.P(C) 514/2020

PETITIONER'S ANNEXURE

ANNEXURE 1 TRUE COPY OF O.P.NO.357/2020 OF THE FAMILY COURT, THRISSUR.

ANNEXURE 2 TRUE COPY OF O.P.NO.358/2020 OF THE FAMILY COURT, THRISSUR.

ANNEXURE 3 TRUE COPY OF O.P.NO.749/2020 OF THE FAMILY COURT, IRINJALAKUDA.

RESPONDENT'S ANNEXURE: NIL

True Copy P.A to Judge