Rinny Sofia Babu vs Jacob Antony
2024 Latest Caselaw 32310 Ker

Kerala High Court

Rinny Sofia Babu vs Jacob Antony on 8 November, 2024

Tr.P(C).No.497 of 2024              1



                                                           2024:KER:83613

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

 FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946

                     TR.P(C) NO. 497 OF 2024

       AGAINST THE ORDER/JUDGMENT DATED IN OP NO.1859 OF

2023 OF FAMILY COURT,THRISSUR

PETITIONER/RESPONDENT:

             RINNY SOFIA BABU
             AGED 30 YEARS
             D/O LATE ANTONY BABU, RESIDING AT CC 1/2736,
             PULLIKAL HOUSE, MECHANZIE GARDEN, FORTKOCHI
             VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT -, PIN -
             682001


             BY ADVS.
             BENEDICTA VEMBLY
             CINDIA S.
             HYBIN JOSE P.P.



RESPONDENT/PETITIONER:

             JACOB ANTONY,
             AGED 35 YEARS, S/O ANTONY JACOB, ARACKAL HOUSE,
             AVENUE ROAD, MUNDUPAALAM DESAM, KURIACHIRA P.O,
             THRISSUR –, PIN - 680006


             BY ADV ADITYA T.P.


      THIS    TRANSFER   PETITION   (CIVIL)       HAVING    COME   UP   FOR
ADMISSION     ON   08.11.2024,    THE     COURT    ON   THE    SAME     DAY
DELIVERED THE FOLLOWING:
 Tr.P(C).No.497 of 2024                 2



                                                        2024:KER:83613


                    VIJU ABRAHAM, J.
                  --------------------
                 Tr.P(C).No.497 of 2024
            --------------------------------
        Dated this the 8th day of November, 2024

                                  ORDER

The petitioner has approached this Court

seeking transfer of OP.No.1859 of 2023 pending

before the Family Court, Thrissur to the Family

Court, Ernakulam.

2. The learned counsel for the petitioner submits

that the petitioner is now residing at Fort Kochi

within the territorial jurisdiction of the Family

Court, at Ernakulam along with her two year old son

and she is finding it difficult to travel all the

way to the Family Court, Thrissur to attend the

court proceedings.

3. Taking into consideration the fact that the

residence of the petitioner is within the

jurisdictional limit of the Family Court at

Ernakulam and she finds it difficult to travel all

the way to attend the Family Court at Thrissur

2024:KER:83613

and the settled position of law that the

convenience of the wife is of paramount importance

while considering an application for transfer as

held by the 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 this transfer

petition.

Therefore, above transfer petition is allowed

transferring O.P.No.1859 of 2023 on the file of the

Family Court, Thrissur to the Family Court,

Ernakulam for trial and disposal.

sd/-

VIJU ABRAHAM,JUDGE

pm

2024:KER:83613

APPENDIX OF TR.P(C) 497/2024

PETITIONER'S ANNEXURES

Annexure 1 THE TRUE COPY OF OP NO 1859 OF 2023 ON THE FILE OF FAMILY COURT, TRISSUR

Annexure II A TRUE COPY OF THE BIRTH CERTIFICATE OF THE MINOR CHILD

Annexure IIi A TRUE COPY OF FEE RECEIPT OF THE PLAY SCHOOL FOR THE MONTH OF JULY,2024

Annexure IV A TRUE COPY OF THE ORIGINAL PETITION IN MC NO. 14/2024 BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT- V, MATTANCHERRY FILED BY THE PETITIONER

Annexure V A TRUE COPY OF THE AADHAAR CARD OF THE PETITIONER (AADHAAR NO. 643029234680)