Neethu vs Shafeek
2021 Latest Caselaw 22167 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
     FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
                        TR.P(C) NO. 654 OF 2019
  AGAINST THE ORDER/JUDGMENT IN OP 927/2019 OF FAMILY COURT,KOLLAM
PETITIONER/S:

           NEETHU
           AGED 29 YEARS, D/O. SUDHAKARAN, KURISHUPARAMBU HOUSE,
           VATTAYAL, THIRUVAMPADY P. O., ALAPPUZHA, PIN - 688 002.

           BY ADVS.
           M.P.MADHAVANKUTTY
           SRI.V.DEEPAK



RESPONDENT/S:

           SHAFEEK
           AGED 29 YEARS,
           S/O. SHAREEF, SHEEJA MANZIL,
           THRIKKOVILVATTOM, DECENT JUNCTION, KOLLAM DISTRICT,
           PIN - 691 577.


     THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 TR.P(C) NO. 654 OF 2019
                              2



                           JUDGMENT

The spouses are at loggerheads and have resorted to

legal remedies. The petitioner/wife has filed M.C.No.55 of

2019 before the Judicial First Class Magistrate Court,

Alappuzha under the provisions of the Protection of Women

from Domestic Violence Act. The respondent/husband has

filed O.P.No.927 of 2019 before the Family Court, Kollam

seeking restitution of conjugal right. The wife, who is a

permanent resident of Alappuzha and has the responsibility

of looking after a minor child aged 2 ½ years, seeks transfer

of the original petition filed by the husband from the Family

Court, Kollam to the Family Court, Alappuzha.

2. Despite service of notice, there is no appearance

for the respondent/husband.

3. Having heard the learned Counsel for the TR.P(C) NO. 654 OF 2019

petitioner and being convinced of the reasons stated and

being also guided by the decisions of the Honourable

Supreme Court in Sumita Singh v Kumar Sanjay and

another [(2001) 10 SCC 41, Rajani Kishore Pardeshi v

Kishore Babulal Pardeshi [ (2005) 12 SCC 237] 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 transfer petition is allowed.

O.P.No.927 of 2019 on the files of the Family Court, Kollam

shall forthwith be transferred to the Family Court,

Alappuzha.

Sd/-

V.G.ARUN JUDGE

RK