Kerala High Court
Baby P.T. (Achamma) vs Mathai P.V on 22 October, 2024
2024:KER:78600
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
TR.P(C) NO. 625 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OP NO.471 OF 2024 OF
FAMILY COURT, MUVATTUPUZHA
PETITIONER:
BABY P.T. (ACHAMMA)
AGED 52 YEARS
D/O. RAMACHANDRAN, RESIDING AT PULIMOOTTIL HOUSE, LANE
NO. 10, SHINE ROAD, VYTTILA P.O., PIN 682019 POONITHURA
VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT (AS PER
MARRIAGE CERTIFICATE: PULIMOOTIL HOUSE, KAZHIKKADU
KARA, VYTTILA PO., ERNAKULAM), PIN - 682019
BY ADV SHAHNA KARTHIKEYAN
RESPONDENT:
MATHAI P.V.
AGED 62 YEARS
S/O. VARKEY, RESIDING AT CHENNAMPILY HOUSE, ST. GEORGE
NAGAR, MARANGATTUPALLY, THIRUVANIYOOR VILLAGE,
KUNNATHUNADU TALUK, ERNAKULAM, PIN 682308 (AS PER ADHAR
CARD) (AS PER MARRIAGE CERTIFICATE: KINATTUKARA
PARAMBIL (MADAVANA) HOUSE, KUZHIKKADU KARA, AMBALAMEDU
P.O., ERNAKULAM, PIN - 682308
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Tr.P(C) No. 625 of 2024 :2:
2024:KER:78600
VIJU ABRAHAM , J.
===========================
Tr.P(C) No. 625 of 2024
============================
Dated this the 22nd day of October, 2024
ORDER
Petitioner has approached this Court seeking transfer of OP
(Div) No.471 of 2024 before the Family Court, Muvattupuzha to the
Family Court, Ernakulam, a petition seeking divorce filed by the
respondent herein.
2. The learned Counsel for the petitioner submits that the
petitioner is residing within the territorial jurisdiction of Family Court
at Ernakulam. It is also submitted that the petitioner is suffering
from serious heart ailments and is undergoing treatment for the
same. To substantiate the said contention petitioner has produced
Ext.P2 medical certificate issued by the Medical Officer, General
Hospital, Ernakulam, and due to her health condition she is not
permitted to travel long distance.
Though notice was issued to the respondent there is no
appearance on his behalf. Taking into consideration the above facts
and circumstances and 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:78600
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 (Div) No.471 of 2024
now pending before the Family Court, Muvattupuzha is transferred to
Family Court, Ernakulam for trial and disposal.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
2024:KER:78600
APPENDIX OF TR.P(C) 625/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE PETITION, O.P. (DIVORCE)
NO. 471/2024 FILED BY THE RESPONDENT
BEFORE THE FAMILY COURT, MUVATTUPUZHA
Exhibit P-2 TRUE COPY OF THE MEDICAL CERTIFICATE DATED
19.08.2024 ISSUED BY THE MEDICAL OFFICER,
GENERAL HOSPITAL, ERNAKULAM TO THE
PETITIONER
