Bavina vs Rajesh K.K
2021 Latest Caselaw 15015 Ker

TR.P(C) NO. 9 OF 2020


                        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT
                         THE HONOURABLE MR.JUSTICE V.G.ARUN
           FRIDAY, THE 16TH DAY OF JULY 2021 / 25TH ASHADHA, 1943
                                TR.P(C) NO. 9 OF 2020
 AGAINST THE ORDER/JUDGMENT IN OP 263/2019 OF FAMILY COURT, ETTUMANORR,
                                      KOTTAYAM,


PETITIONER:

              BAVINA,
              AGED 29 YEARS
              D/O. BHASKARAN, W/O. RAJESH K.K., KONDAMVALLY,
              CHENGOTUKKAVU, MELUR P.O., KOYILANDY, KOZHIKODE-673306.
              BY ADVS.
              SRINATH GIRISH
              SRI.P.JERIL BABU


RESPONDENT:

              RAJESH K.K.,
              AGED 38 YEARS
              S/O. KUNJAPPAN, KIZHAKECHAKALAPARA, MEVELLOOR P.O., VELLOOR
              VILLAGE, VAIKOM TALUK, KOTTAYAM-686609, NOW RESIDING AT
              CHELLATU, KIZHACKECHAKALAPARA, BUILDING NO.5/151, VELLOOR,
              MEVELLOOR P.O., VAIKOM, KOTTAYAM-686609.


THIS   TRANSFER     PETITION     (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
16.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 TR.P(C) NO. 9 OF 2020
                                         2




                                   ORDER

Dated this the 16th day of July 2021

The marital discord amongst the spouses has

resulted in the respondent/husband filing O.P.No.263

of 2019 before the Family Court, Ettumanoor seeking

divorce. The petitioner/wife, who is residing within

the jurisdictional limits of the Familly Court, Vatakara

seeks transfer of that original petition from the

Family Court, Ettumanoor to the Family Court,

Vatakara.

2. It is submitted that the petitioner is

unemployed and does not have the financial

resources to travel upto Ettumanoor and to make

arrangements for contesting the case.

3. Even though the respondent is served with

notice, 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. 9 OF 2020

decisions, in transfer petitions arising from

matrimonial cases, convenience of the wife should be

preferred over that of the husband. Hence, I am

inclined to allow the request for transfer.

In the result, the Tr.P.C No.9 of 2020 is allowed.

O.P.No.263 of 2019 on the files of the Family Court,

Ettumanoor shall forthwith be transferred to the

Family Court, Vatakara.

Sd/-

V.G.ARUN

JUDGE NB/16.7.21 TR.P(C) NO. 9 OF 2020

APPENDIX OF TR.P(C) 9/2020

PETITIONER'S ANNEXURE

ANNEXURE A1 TRUE COPY OF THE PETITION IN OP NO.263/2019 BEFORE THE FAMILY COURT, ETTUMANOOR.

RESPONDENT'S ANNEXURE: NIL

True Copy P.A to Judge