Divya Renjini vs Akhil Das
2023 Latest Caselaw 12434 Ker

Kerala High Court

Divya Renjini vs Akhil Das on 22 November, 2023

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
 WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023/1ST AGRAHAYANA,
                                1945
                     TR.P(C) NO.731 OF 2023
TO TRANSFER OP 1602/2023 OF FAMILY COURT, NEYYATTINKARA TO
              THE FAMILY COURT, THIRUVANANTHAPURAM
PETITIONER/RESPONDENT:

            DIVYA RENJINI, AGED 36 YEARS,
            D/O.PONNAYYAN NADAR, KUNNUMPURATH HOUSE,
            VLATHANKARA,CHENKAL, NEYYATINKARA,
            THIRUVANANTHAPURAM DISTRICT,
            NOW RESIDING AT MINI BHAVAN, HOUSE NO.P-132,
            SASTHAMANGALAM (P.O),
            THIRUVANANTHAPURAM, PIN - 695010.

            BY ADVS.
            GOPAKUMAR R.THALIYAL
            T.S.RAJASENAN


RESPONDENT/PETITIONER:

            AKHIL DAS, AGED 36 YEARS, S/O.VISWAMBHARADAS,
            INDIRA BHAVAN, CHENKAL VILLAGE, ARAYOOR DESOM,
            NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT,
            NOW RESIDING AT SREE RAGAM, KALAYIL, KOTTAMAM,
            ARAYOOR (P.O), NEYYATTINKARA,
            THIRUVANANTHAPURAM DISTRICT, PIN - 695122.


     THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION    ON   22.11.2023,   THE    COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 Tr.P(C) No.731 of 2023
                              - 2 -

                         O R D E R

Dated, this the 22th November, 2023

The petitioner/wife seeks transfer of O.P.

No.1602/2023 on the files of Family Court,

Neyyattinkara to the Family Court,

Thiruvananthapuram. The transfer is premised on

the ground that the petitioner/wife is residing

in the jurisdictional limits of the Family Court,

Thiruvananthapuram. O.P.Nos.1774/2023 and

2157/2023 filed by the petitioner/wife are also

pending before the Family Court,

Thiruvananthapuram.

2. The learned counsel for the petitioner relied

on the judgment of the Honourable Supreme Court

in Sumita Singh v. Kumar Sanjay & another [(2001)

10 SCC 41], to emphasise that convenience of the

wife is surely a matter to be looked into, while

fixing the forum for adjudication of matrimonial

disputes.

- 3 -

3. Having heard the learned counsel appearing on

both sides and having considered the attendant

facts and circumstances, this Transfer Petition

is allowed. Accordingly, O.P. No.1602/2023

pending before the Family Court, Neyyattinkara is

directed to be transferred to the Family Court,

Thiruvananthapuram. The transferor court shall

transmit all records to the transferee court,

forthwith.

Sd/-

C.JAYACHANDRAN, JUDGE

ww

- 4 -

APPENDIX OF TR.P(C) 731/2023

PETITIONER'S ANNEXURES:

ANNEXURE 1 TRUE COPY OF THE PETITION IN O.P. NO.

1602/2023 PENDING BEFORE THE FAMILY COURT, NEYYATTINKARA.