Dr. Neeba Udayan vs Lalesh L
2024 Latest Caselaw 32115 Ker

Kerala High Court

Dr. Neeba Udayan vs Lalesh L on 7 November, 2024

                                                          2024:KER:83011

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

     THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946

                         TR.P(C) NO. 578 OF 2024

       AGAINST THE ORDER/JUDGMENT DATED IN OPHMA NO.1909 OF 2023 OF

                      FAMILY COURT, MAVELIKKARA

PETITIONER:
           DR. NEEBA UDAYAN
           AGED 33 YEARS
           METTUMPURAM, MANIYAR P.O, PUNALUR VILLAGE, PUNALUR
           TALUK, KOLLAM DISTRICT, PIN - 691333
           BY ADVS.
           ANSU VARGHESE
           K.J.JOSEPH (ERNAKULAM)
           J.BAHULEYAN
           KRISHNANUNNI G.B.


RESPONDENTS:
           LALESH L
           AGED 35 YEARS
           LAL BHAVANAM, VETTIYAR MURI, MANKAMKUZHY P.O, VETTIYAR
           VILLAGE, MAVELIKARA TALUK, ALAPPUZHA DISTRICT
           REPRESENTED THROUGH PA HOLDER LALIJEN AGED 62 YEARS,
           LAL BHAVANAM, VETTIYAR MURI, MANKAMKUZHY P.O, VETTIYAR
           VILLAGE, MAVELIKARA TALUK, ALAPPUZHA DISTRICT, PIN -
           690558
           BY ADVS.
           S.K. SAJI
           MAYAMOL T.S.(K/1727/2001)
           G.R.MANJU(K/2072/1999)

      THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON   07.11.2024,   THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 Tr.P(C) No. 578 of 2024                     :2:




                                                                     2024:KER:83011


                         VIJU ABRAHAM , J.
             ===========================
                      Tr.P(C) No. 578 of 2024
             ============================
             Dated this the 7th day of November, 2024

                                       ORDER

Petitioner has approached this Court seeking transfer of OP

(HMA) No.1909 of 2023 pending before the Family Court,

Mavelikkara to Family Court, Punalur, a petition filed by the

respondent husband seeking divorce.

2. The learned Counsel for the petitioner submits that the

petitioner is now residing at Maniyar in Punalur Village which is 3

kms away from the Family Court at Punalur, but she has to travel 60

kms to attend the Court proceedings at Mavelikkara, and she is

employed in Punalur. Petitioner submits that three other proceedings

between the parties filed as MC No.33 of 2024, OP (Others) No.201

of 2024 and OP (G & W) No.2236 of 2023 are pending consideration

before the Family Court at Punalur.

3. Respondent entered appearance through Counsel.

Taking into consideration the above facts and circumstances

and taking into consideration the settled position of law that the

convenience of the wife is of paramount importance while

considering an application for transfer of the case as held by the

2024:KER:83011

Apex Court in Sumita Singh v. Kumar Sanjay and another, AIR

2002 SC 396, Mangla Patil Kale v. Sanjeev Kumar Kale,

(2003) 10 SCC 280, Aishwarya v. Saravana Karthik Sha, 2022

(4) KLT OnLine 1020 (SC) and Rajani Kishor Pardeshi v. Kishor

Babulal Pardeshi, 2005 (1) KLT OnLine 1169(SC), I am inclined

to allow the transfer petition. Accordingly OP (HMA) No.1909 of 2023

now pending before the Family Court, Mavelikkara is transferred to

Family Court, Punalur for trial and disposal.

Sd/-

VIJU ABRAHAM JUDGE

sbk/-

2024:KER:83011

APPENDIX OF TR.P(C) 578/2024

PETITIONER ANNEXURES

Annexure 1 THE TRUE COPY OF THE PETITION IN M.C NO.33/2024 ON THE FILES OF FAMILY COURT, PUNALUR FILED BY THE PETITIONER-WIFE

Annexure 2 THE TRUE COPY OF THE O.P(OTHERS) NO.201/2024 ON THE FILES OF FAMILY COURT, PUNALUR FILED FOR RETURN OF PATRIMONY AND GOLD ORNAMENTS BY THE PETITIONER-WIFE

Annexure 3 THE TRUE COPY OF THE O.P.(G&W) NO. 2236 OF 2023 FILED BY THE RESPONDENT

Annexure 4 THE TRUE COPY OF THE NOTICE DATED 13.06.2024 ISSUED BY THE FAMILY COURT, MAVELIKARA IN O.P(HMA) NO.1909/2023 TO THE PETITIONER