Sheeja.K.S vs Sreekumar M.G
2021 Latest Caselaw 15166 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
       TUESDAY, THE 20TH DAY OF JULY 2021 / 29TH ASHADHA, 1943
                        TR.P(C) NO. 143 OF 2020
 AGAINST THE ORDER/JUDGMENT IN OP 1046/2019 OF FAMILY COURT, KANNUR,
                                 KANNUR
PETITIONER/S:

           SHEEJA.K.S.
           AGED 32 YEARS
           D/O. SELVAKUMAR, KODUTHIRAPPULLY HOUSE, NETTISSERY P.O.,
           OLLLUKKARA AMSOM, THRISSUR DISTRICT-680 651

           BY ADVS.
           PREMCHAND M.
           K.ANITHA JOHN



RESPONDENT/S:

           SREEKUMAR M.G.
           S/O. GOPI, ALANCHERIYIL HOUSE, KARIPPAL, VELLORA AMSOM,
           PERAMPADAV KARIPPAL (P.O), KANNUR DISTRICT-670 581 ,
           REP.BY POWER OF ATTRONEY HOLDER, GOPI .A.S. , AGED 70
           YEARS, S/O. SANKARAN ACHARY, ALANCHERIYIL HOUSE ,KARIPPAL
           (PO), VELLORA AMSOM, PAYYANUR THALUK, KANNUR
           DISTRICT,PIN-670 581


     THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 TR.P(C) NO. 143 OF 2020
                               2



                          JUDGMENT

The spouses are at loggerheads with each other and

have resorted to legal remedies. The petitioner/wife has

filed M.C.No.91 of 2020 before the Family Court, Thrissur

seeking maintenance for herself and her minor child. The

respondent/husband has filed O.P.No.1046 of 2019 before

the Family Court, Kannur for divorce. The wife, who is a

permanent resident of Ollukkara in Thrissur is seeking

transfer of the original petition filed by the husband from the

Family Court, Kannur to the Family Court, Thrissur. The

reason stated are the financial constraints of the wife and

her difficulty in travelling from Thrissur to Kannur without a

companion.

2. Despite service of notice, the respondent has not

appeared.

3. On consideration of the reasons and in the light of TR.P(C) NO. 143 OF 2020

the decisions of 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 decisions

holding that, in transfer petitions arising from matrimonial

cases, convenience of the wife should be preferred over that

of the husband, I am inclined to allow the request for

transfer.

In the result, the Tr.P.C No.143 of 2020 is allowed.

O.P.No.1046 of 2019 pending before the Family Court,

Kannur shall forthwith be transferred to the Family Court,

Thrissur.

SD/-

V.G.ARUN JUDGE

RK TR.P(C) NO. 143 OF 2020

APPENDIX OF TR.P(C) 143/2020

PETITIONER ANNEXURE

ANNEXURE-A TRUE COPY OF O.P.NO.1046/2019 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, KANNUR

ANNEXURE-B TRUE COPY OF THE MC NO.91/2020 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, THRISSUR

RESPONDENT'S ANNEXURE: NIL