Riya M.B vs Anoop Davis
2021 Latest Caselaw 20695 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
              THE HONOURABLE MR.JUSTICE K. BABU
 TUESDAY, THE 5TH DAY OF OCTOBER 2021/13TH ASWINA, 1943
                   TR.P(C) NO. 387 OF 2021
    AGAINST THE JUDGMENT IN GOP 2109/2020 OF FAMILY
                   COURT,THRISSUR, THRISSUR
PETITIONERS:

    1       RIYA M.B.
            AGED 30 YEARS
            D/O.BABU RAJ, MALIYEKKAL HOUSE, CHITTESSERY
            P.O., MUKUNDAPURAM TALUK, THRISSUR - 680 301.
    2       AHINOAM ANOOP
            AGED 3 YEARS
            (MINOR) REPRESENTED BY MOTHER RIYA M.B.,
            D/O.RIYA M.B., MALIYEKKAL HOUSE, CHITTESSERY
            P.O., MUKUNDAPURAM TALUK, THRISSUR - 680 301.
            BY ADVS.
            R.SYLESHWAREN NAIR
            ASHA VARGHESE


RESPONDENT:

            ANOOP DAVIS
            AGED 33 YEARS
            S/O.DAVIS V.A, VALAIYAPARAMBIL HOUSE,
            PARAVATTANI P.O., THRISSUR TALUK, THRISSUR -
            680 655.
            BY ADVS.
            M.A.JOSEPH MANAVALAN
            J.RAMKUMAR



        THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION    ON   05.10.2021,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 Tr.P.C.No.387/2021                    2

                           K.BABU, J.
        ===========================
               Tr.P.(C) No.387 of 2021
        ===========================
          Dated this the 5th day of October, 2021

                            ORDER

This transfer petition is filed under Section 24 of the

Code of Civil Procedure, 1908. The petitioner is the wife of

the respondent. The marriage between the petitioner and

the respondent was solemnized on 11.12.2016 as per

Christian Religious Rites and Customs at Chaldean Centre,

Thrissur. A girl child was born to the parties in the wedlock.

The petitioner is a home maker.

2. The parties have been living separately since

2020. The child is residing with the petitioner.

3. The respondent filed G.O.P.No.2109 of 2020 before

the Family Court, Thrissur for the custody of the child,

under Sections 7, 12 and 25 of the Guardians and Wards

Act, 1890 read with Section 7(i)(g) of the Family Courts Act,

1984.

4. In response to the summons served from the

Family Court, the petitioner appeared.

5. The petitioner submits that she is now residing

with the support of her parents, who are senior citizens and

there is nobody to accompany her to attend the Family

Court, Thrissur. She seeks transfer of G.O.P No.2109/2020

from the Family Court, Thrissur to the Family Court,

Irinjalakuda.

6. Notice was served on the respondent. The learned

counsel for the respondent submitted that the respondent

has no objection in allowing the prayer of the petitioner for

transfer.

7. In Sumita Singh v. Kumar Sanjay and Another

[(2001) 10 SCC 41], the Apex Court held that in transfer

petitions arising from matrimonial matters, convenience of

the wife should be preferred over that of the husband.

8. Having considered all these aspects, this court is of

the view that the prayer for transfer of the matter can be

allowed.

9. In the result, the Transfer Petition(Civil) is allowed.

G.O.P.No.2109 of 2020 pending before the Family Court,

Thrissur is ordered to be transferred to the Family Court,

Irinjalakkuda. The parties are directed to appear before the

Family Court, Irinjalakkuda on 08.11.2021.

sd/-

K.BABU, JUDGE lgk

APPENDIX OF TR.P(C) 387/2021

PETITIONER ANNEXURE Annexure A1 TRUE COPY OF THE G.O.P.NO.2109/2020 PENDING BEFORE THE FAMILY COURT, THRISSUR.