Anupama A.L vs Anoop V.S
2021 Latest Caselaw 15508 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
          FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
                         TR.P(C) NO. 143 OF 2021
      AGAINST THE ORDER/JUDGMENT IN OPHMA 65/2021 OF FAMILY COURT,
                          KOTTARAKKARA, KOLLAM
PETITIONER/S:

           ANUPAMA A.L.
           AGED 27 YEARS
           D/O LATHAKUMARI, ANASWARA, TC NO 36/155(2) ENCHAKKAL,
           VALLAKADAVU P.O.THIRUVANANTHAPURAM DISTRICT

           BY ADVS.
           P.M.SHAHIDA
           V.HARI



RESPONDENT/S:

           ANOOP V.S.
           AGED 33 YEARS
           S/O VASANTHAKUMARI, PRATHEEKSHA, PULLUPANA P.O.KADAKKAL
           VILLGE, KOLLAM DISTRCT-691 536.


     THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 TR.P(C) NO. 143 OF 2021
                                       2



                                    JUDGMENT

Dated this the 23rd day of July, 2021

The marital discord among spouses has resulted in the

petitioner / wife filing OP No.2036 of 2020 before the Family Court

Thiruvananathapuram, seeking return of gold ornaments and money.

The respondent / husband has filed OP (HMA) No.65 of 2021 for the

Family Court, Kottarakkara for divorce. The petitioner, who is a

permanent resident of Pettah village in Thiruvananthapuram seeks

transfer of the original petition filed by the husband from

Kottarakkara to Thiruvananathapuram. Learned counsel for the

petitioner submits that the petitioner is residing along with her aged

parents and has no one to accompany her to Kottarakkara for

contesting the case.

2. Despite being served with notice, the respondent has not

appeared.

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

decisions, in transfer petitions arising from matrimonial cases, TR.P(C) NO. 143 OF 2021

convenience of the wife should be preferred over that of the husband.

Hence, I am inclined to allow the petitioner's request for transfer.

In the result, Tr.P.C No.143 of 2021 is allowed. O.P (HMA) No.

65 of 2021 on the files of the Family Court, Kottarakkara shall

forthwith be transferred to the Family Court, Thiruvananthapuram.

Sd/ V.G ARUN JUDGE

SJ TR.P(C) NO. 143 OF 2021

APPENDIX OF TR.P(C) 143/2021

PETITIONER ANNEXURE

ANNEXURE A1 TRUE COPY OF THE MEMORANDUM OF ORIGINAL PETITION IN OP(HMA) NO 65 OF 2021 ON THE FILES OF THE FAMILY COURT, KOTTARAKKARA DATED 15.1.2021

ANNEXURE A2 TRUE COPY OF THE MEMORANDUM OF ORIGINAL PETITION IN OP NO 2036 OF 2020 OF THE FILES OF THE FAMILY COURT, THIRUVANANTHAPURAM DATED 24.11.2020