Kerala High Court
Arya S vs Rajesh M on 15 November, 2024
Tr.P(C).No.605 of 2024 1
2024:KER:85502
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 15TH DAY OF NOVEMBER 2024 / 24TH KARTHIKA, 1946
TR.P(C) NO. 605 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OP NO.375 OF 2023
OF FAMILY COURT, OTTAPPALAM
PETITIONER:
ARYA S.
AGED 34 YEARS
D/O SASIDHARAN, LALITHALAYAM, TC-24/1824, THYCAUD
P.O., THIRUVANANTHAPURAM, ALSO AT SASI MANDIRAM,
MATHOOR MANA ROAD, OPP. TALUK HOSPITAL,
THOTTAKKARA, OTTAPALAM-679102, NOW RESIDING AT
VATHMEEKAM, ARYANKAVU P.O., ARYANKAVU VILLAGE,
PATHANAPURAM TALUK, KOLLAM DISTRICT, PIN - 691309
BY ADV A.SANIL KUMAR
RESPONDENT:
RAJESH M.
AGED 44 YEARS
S/O CHANDRASEKHARAN NAIR, CHITTADIYIL HOUSE,
PUTHIRITHARA, PAZHAYANNUR, THRISSUR DISTRICT, PIN
- 680587
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Tr.P(C).No.605 of 2024 2
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VIJU ABRAHAM, J.
--------------------
Tr.P(C).No.605 of 2024
--------------------------------
Dated this the 15th day of November, 2024
ORDER
The petitioner has approached this Court seeking
transfer of OP.Nos.375 of 2023, 376 of 2023 and 516
of 2023 on the file of the Family Court, Ottapalam
to the Family Court, Punalur. OP No.375 of 2023 is
filed by the petitioner seeking a decree of
dissolution of marriage on the ground of cruelty,
OP No.376 of 2023 is filed by the petitioner
seeking for recovery of gold ornaments and money
and OP No.516 of 2023 is filed by the respondent
seeking for restitution of conjugal rights.
2. Petitioner submits that at the time of
marriage the petitioner and her parents were
residing at Thycaude in Thiruvananthapuram District
and thereafter, they shifted to a rented house at
Ottapalam in Palakkad District and therefore, the
original petition is filed before the Family Court
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at Ottapalam. Petitioner further submits that the
permanent address of the petitioner and her parents
is at Aryankavu in Kollam District wherein their
family house is situated and now they are residing
there. It is further submitted that Family Court,
Ottapalam is situated at a distance of more than
270 Kms away from the residence of the petitioner.
The parents of the petitioner are aged and ailing
and there is nobody to accompany the petitioner to
the Family Court at Ottapalam to attend the court
proceedings, whereas the Family Court, Punalur is
only 35 Kms away from the house of the petitioner.
3. Though notice was issued to the respondent,
there is no appearance on his behalf.
4. Taking into consideration the above facts and
circumstance and that the petitioner is residing in
Aryankavu in Kollam District, within the
territorial jurisdiction of the Family Court at
Punalur which is only 35 Kms away from her house,
whereas Family Court, Ottapalam is almost 270 Kms
from the residence of the petitioner and also
2024:KER:85502
taking into consideration 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.Nos.375 of 2023, 376 of 2023 and
516 of 2023 on the file of the Family Court,
Ottapalam to the Family Court, Punalur for trial
and disposal.
sd/-
VIJU ABRAHAM,JUDGE
pm
2024:KER:85502
APPENDIX OF TR.P(C) 605/2024
PETITIONER'S ANNEXURES
Annexure A1 TRUE COPY OF O.P. NO.375/2023, DATED
24.05.2023 ON THE FILES OF THE HON'BLE
FAMILY COURT, OTTAPPALAM
Annexure A2 TRUE COPY OF O.P. NO.376/2023, DATED
24.05.2023 ON THE FILES OF THE HON'BLE
FAMILY COURT, OTTAPPALAM
Annexure A3 TRUE COPY OF O.P. NO.516/2023, DATED
10.07.2023 ON THE FILES OF THE HON'BLE
FAMILY COURT, OTTAPPALAM
