Kerala High Court
Swpana A.K vs Ratheesh V Thampi on 7 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
TR.P(C) NO. 565 OF 2021
AGAINST THE ORDER/JUDGMENT IN OPHMA 1087/2021 OF FAMILY
COURT, KOTTAYAM
PETITIONER/RESPONDENT:
SWPANA
AGED 41 YEARS
D/O. BHASKHARAN, KOTHIRAPPALLY VEETTIL, PUNNAPARA,
AMBALAPPUZHA, ALAPPUZHA.
BY ADVS.
R.SUNIL KUMAR
A.SALINI LAL
RESPONDENT/PETITIONER:
RATHEESH V THAMPI
AGED 43 YEARS
S/O.V.A. THAMBI, VATTAKUNNEL @ GEETHANJALI, S.H.
MOUNT, KOTTAYAM.
BY ADV LUKE J CHIRAYIL
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON01.07.2022, THE COURT ON 07.07.2022 DELIVERED THE
FOLLOWING:
Tr.P(C).No.565 of 2021 2
A. BADHARUDEEN, J.
================================
Tr.P(C).No.565 of 2021
================================
Dated this the 7th day of July, 2022
ORDER
This is an application filed by the petitioner, who is the wife
of the respondent, to transfer O.P(HMA).No.1087/2021 pending
before the Family Court, Ettumanoor to Family Court, Alappuzha
as the said place is convenient for her, since she has been residing
in Alappuzha.
2. On notice, the respondent appeared and filed counter
affidavit. According to the respondent, the difficulty expressed by
the petitioner is with regard to travelling of 100 km from her
residence to Family Court, Ettumanoor and she has been spending
Rs.750/- per day towards travelling expenses. These are not
sufficient reasons for transferring the case.
3. Reply affidavit is filed denying the allegations in the
counter affidavit regarding filing of a criminal case and other
details.
4. In this case, the petitioner, is admittedly the wife of the
respondent. It is submitted by the learned counsel for the petitioner
that the petitioner has been residing within the jurisdiction of
Family Court, Alappuzha and said place is convenient for her. It is
argued further that the interest of the wife is having predominance
in matters of transfer involving family disputes and it is submitted
further that the respondent is a person working as Assistant
Executive Engineer, Water Supply Project Section, Alappuzha from
2014 onwards, and, therefore, the transfer sought to Alappuzha is
convenient to the 1st respondent also.
5. Highlighting the decision of a Division Bench of this
Court in [2021 (6) KHC 506 : 2021 KHC OnLine 768 : 2021 (4)
KLJ 909, Vidhya Mundekkat v. Akhilesh Jayaram, it is argued by
the learned counsel for the respondent that there is no invariable
rule that whenever a wife makes a request pointing out her
inconvenience, transfer to a court of her choice is automatic.
6. The legal position is not in dispute. In this case, it is
submitted by the learned counsel for the respondent that the mother
of the respondent is laid up and his presence within the jurisdiction
of Kottayam district is absolutely necessary to take care of his
mother. This aspect is also strongly opposed by the learned counsel
for the petitioner on the submission that the respondent has another
sister and she has been looking after the affairs of the mother. The
other side also not disputed that the respondent has another sister.
7. Though the Division Bench held that it is not an
invariable rule that transfer to be allowed taking note of the
convenience of the wife alone, the said rule is an exception when
the facts of the case espouses reasons to have deviation. However,
from the facts of the given case, it is an admitted fact that the
petitioner, who is a resident of Alappuzha, seeks transfer of the
O.P(HMA).No.1087/2021 pending before the Family Court,
Ettumanoor to Family Court, Alappuzha, highlighting her
convenience, where the respondent also has been working from
2014 onwards, admittedly. In such a case, there is no reason to
deny the transfer as sought for. Therefore, the same is liable to be
allowed.
8. Accordingly, this Transfer Petition is allowed.
O.P(HMA).No.1087/2021 pending before the Family Court,
Ettumanoor shall stand transferred to the Family Court, Alappuzha.
Family Court, Ettumanoor, is directed to forward the case records
to the Family Court, Alappuzha, forthwith. Parties shall appear
before the Family Court, Alappuzha on 29.07.2022.
Registry shall forward a copy of this order to the Family
Court, Ettumanoor and Family Court, Alappuzha, within 7 days for
information and compliance.
Sd/-
(A. BADHARUDEEN, JUDGE)
rtr/
APPENDIX OF TR.P(C) 565/2021
PETITIONER'S ANNEXURES
ANNEXURE-1: COPY OF O.P(HMA) NO.1087/21 OF ETTUMANOOR
FAMILY COURT.
ANNEXURE-2: COPY OF THE MEDIATION TERMS OF SETTLEMENT IN
O.P.NO.1048/11 AND O.P.NO.1466/2011 OF THE FAMILY COURT,
ALAPPUZHA.
ANNEXURE-3: COPY OF MAINTENANCE PETITION BEFORE THE
AMBALAPPUZHA BLOCK GRAMANYAYALAYAM.
RESPONDENT'S ANNEXURES
Annexure R1(a) COPY OF THE FIR DT.8.12.2021 HAVING
NUMBER 1250 OF 2021 OF PUNNAPRA POLICE
STATION.
Annexure R1 (b) The true copy of order dated 11.01.2022
in B.A No. 9630 of 2021 on the files of
the honorable High Court of Kerala.
Annexure R1 (c) The true copy of the identity card
issued by the Kerala Water Authority
having PF No. WA 15133.
Annexure R1 (d) The true copy of the Aadhar card No.
8611 2434 5133.
Annexure R1 (e) The true copy of the patient
registration card having MR No. 00108954
of MAR SLEEVA Medicity Palai.
Annexure R1(f) The true copy of bill of supply dated
31.05.2022 from Grace Medicals for an
amount of Rs.3,210/-.
Annexure R1 (g) The true copy of the Application for
General Transfer of Kerala Water
Authority having application No. 12986
dated 30.05.2022.
Exhibit R1 (h) The true copy of the case status of
Tr.P.(C) No. 345 of 2010 on the files of
the honorable High Court of Kerala.
