Linu Ann John vs Ajesh K.Alex
2021 Latest Caselaw 19612 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
     FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
                        TR.P(C) NO. 330 OF 2021
      AGAINST THE ORDER/JUDGMENT IN OP 8/2021 OF FAMILY COURT,
                          KOTTARAKKARA, KOLLAM
PETITIONER/S:

           LINU ANN JOHN
           AGED 29 YEARS
           D/O. V.T.JOHN, VADAKKEKARA VEETIL, KUZHIKKALA P.O.,
           MALLAPUZHASSERY, KOZHENCHERRY, PATHANAMTHITTA DISTRICT-
           689644.

           BY ADVS.
           MANU RAMACHANDRAN
           M.KIRANLAL
           T.S.SARATH
           R.RAJESH (VARKALA)
           SAMEER M NAIR



RESPONDENT/S:

           AJESH K.ALEX
           AGED 30 YEARS
           S/O. K.ALEXANDER, PLAVILA VEEDU, CHENGAMANADU P.O.,
           MELILA VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT,
           REPRESENTED BY P.A.HOLDER AND FATHER SRI. K.ALEXANDER,
           AGED 59 YEARS, S/O. G.KUNJUKUJU, PLAVILA VEEDU,
           CHENGAMANADU P.O., MELILA VILLAGE, KOTTARAKARA TALUK,
           KOLLAM DISTRICT-683578.


     THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 TR.P(C) NO. 330 OF 2021
                                    2



                               ORDER

Dated this the 17th day of September, 2021

The petitioner wife is seeking transfer of O.P (Div) No. 8 of 2021

filed by the respondent husband before the Family Court, Kottarakara.

The petitioner, who is a permanent resident of Kozhenchery in

Pathanamthitta District has filed O.P No. 394 of 2021 before the

Family Court, Pathanamthitta and M.C (Div) No. 10 of 2021 before the

Judicial First Class Magistrate Court-I, Pathanamthitta under the

provisions of the Protection of Women from Domestic Violence Act.

The difficulty in traveling to Kottarakkara for contesting the case and

absence of an adult family member to accompany her are urged as the

grounds for transfer.

2.Despite service of notice, the respondent has not entered

appearance.

3. Having heard the learned counsel for the petitioner and being

guided by the decisions of 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, holding that in transfer TR.P(C) NO. 330 OF 2021

petitions arising from matrimonial cases, convenience of the wife

should be preferred over that of the husband. I am inclined to allow

the petition.

In the result, the transfer petition is allowed. O.P.No. 8 of 2021,

pending on the files of the Family Court, Kottarakara shall forthwith

be transferred to the Family Court, Pathanamthitta.

Sd/-

V.G ARUN JUDGE

SJ TR.P(C) NO. 330 OF 2021

APPENDIX OF TR.P(C) 330/2021

PETITIONER ANNEXURE

Annexure A1 THE TRUE COPY OF THE O.P.(DIV) NO.8/2021 ON THE FILES OF FAMILY COURT, KOTTARAKKARA SEEKING DIVORCE.

Annexure A2 THE TRUE COPY OF THE O.P.NO.394/2021 BEFORE THE FAMILY COURT, PATHANAMTHITTA SEEKING RETURN THE GOLD, PATRIMONY AMOUNT AS WELL AS COMPENSATION.

Annexure A3 THE TRUE COPY OF THE M.C. (DV) NO.10/2021 BEFORE JFMC-I, PATHANAMTHITTA FILED BY THE PETITIONER-WIFE.