Kerala High Court
Baby Chithra M vs Abhimanyu V on 9 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
TR.P(C) NO. 530 OF 2021
AGAINST THE ORDER/JUDGMENT IN OP 2138/2020 OF FAMILY COURT,
THRISSUR
PETITIONER/S:
BABY CHITHRA M.
AGED 31 YEARS
D/O.KUNHIRAMAN, KIZHAKKE ILLAM, VILAKKODE,
P.O.VILAKKODE, IRITTY TALUK, KANNUR DISTRICT, PIN - 670
703. (WITHIN THE LIMITS OF MUZHAKKUNNU POLICE).
BY ADVS.
K.VISWAN
D.ARUN BOSE
RESPONDENT/S:
ABHIMANYU V.
AGED 31 YEARS
S/O.M.N.VINAYAKUMAR, KIZHAKOOTTAYIL, ABHIMANYU HOUSE,
PUTHUKKARA, AYYAMTHOLE VILLAGE, AYYAMTHOLE DESOM,
P.O.AYYAMTHOLE, THRISSUR DISTRICT, PIN - 680 003.
WITHIN THE LIMITS OF WEST POLICE STATION LIMIT).
BY ADV NIREESH MATHEW
BY ADVS.
K.VISWAN
D.ARUN BOSE
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.11.2021, ALONG WITH Tr.P(C).584/2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
TR.P(C) NOs. 530 and 584 OF 2021
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
TR.P(C) NO. 584 OF 2021
AGAINST THE ORDER/JUDGMENT IN OP 652/2020 OF FAMILY COURT,
THALASSERY, KANNUR
PETITIONER/S:
ABHIMANYU V.
AGED 31 YEARS
S/O. M. N. VINAYAKUMAR, KIZHAKOOTTAYIL, ABHIMANYU
HOUSE, PUTHUKKARA, AYYANTHOLE P. O., THRISSUR
DISTRICT,
PIN - 680 003.
BY ADV NIREESH MATHEW
RESPONDENT/S:
BABY CHITRA M.
AGED 31 YEARS
D/O. KUNHIRAMAN, KIZHAKKE ILLAM, VILAKKODE P. O.,
IRITTY TALUK, KANNUR DISTRICT, PIN - 670 703.
BY ADVS.
K.VISWAN
D.ARUN BOSE
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.11.2021, ALONG WITH Tr.P(C).530/2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TR.P(C) NOs. 530 and 584 OF 2021
3
JUDGMENT
[Tr.P(C) Nos.530/2021, 584/2021]
The spouses are at loggerheads and the wife has filed
O.P.No.652 of 2020 before the Family Court, Thalassery
seeking restitution of the conjugal right. The husband, on
the other hand, has filed O.P.No.2138 of 2020 before the
Family Court, Thrissur for divorce. The wife, who is a
permanent resident of Muzhakkunnu in Kannur District
has filed Tr.P.(C) No.530 of 2021 for transfer of the
original petition filed by the husband from the Family
Court, Thrissur to the Family Court, Thalassery. The wife's
dependency on her parents and the added responsibility of
looking after a six year old child are projected as the
reasons for seeking transfer.
2. The learned Counsel for the petitioner submitted
that the wife is being put to a lot of difficulty by being
compelled to contest the case before the Family Court,
Thrissur, travelling more than 200 kilometers.
TR.P(C) NOs. 530 and 584 OF 2021
3. The learned Counsel for the husband submitted
that the main reason for the husband filing Tr.P.(C) No.584
of 2021, seeking transfer of the original petition filed by
the wife from the Family Court, Thalassery, is the
continuous threat extended by the wife's relative and that
he will be put to harm, at Court, Thalassery. It is
submitted that the husband is willing to go before any
court, other than the Family Court, Thalassery.
4. Except the bald allegation of the husband that he
is being threatened, no complaint in that regard has been
lodged against the wife and her relatives. The learned
Counsel for the wife submitted that the husband was never
threatened and assured that he will not be threatened in
future also. This is recorded. If any such incident takes
place, the husband is at liberty to bring it to the notice of
the Family Court, in which event, appropriate action can
be taken by the Court.
TR.P(C) NOs. 530 and 584 OF 2021
5. Having heard the learned Counsel for the parties
and being 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 Tr.P.(C) No.584 of 2020 is dismissed
and Tr.P.(C) No.530 of 2021 is allowed. O.P.No.2138 of
2020 on the files of the Family Court, Thrissur shall
forthwith be transferred to the Family Court, Thalassery.
The transferee court shall not insist on the personal
presence of the husband, unless absolutely necessary.
SD/-
V.G.ARUN
JUDGE
RK
TR.P(C) NOs. 530 and 584 OF 2021
APPENDIX OF TR.P(C) 584/2021
PETITIONER ANNEXURE
Annexure A TRUE PHOTOCOPY OF O.P.NO.652/2020 ON
THE FILE OF THE HON'BLE FAMILY COURT,
THALASSERY.
Annexure B TRUE PHOTOCOPY OF O.P.NO.2138/2020 ON
THE FILE OF THE FAMILY COURT, THRISSUR
DATED 07.12.2020.
TR.P(C) NOs. 530 and 584 OF 2021
APPENDIX OF TR.P(C) 530/2021
PETITIONER ANNEXURE
Annexure I TRUE COPY OF PETITION IN O.P.652/2020
OF THE FILE OF HON'BLE FAMILY COURT,
THALASSERY.
Annexure II TRUE COPY OF PETITION IN O.P.2138/2020
OF THE FILE OF HON'BLE FAMILY COURT,
THRISSUR.
