Kerala High Court
Blessy vs Varghese on 30 October, 2024
2024:KER:80975
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA, 1946
TR.P(C) NO. 565 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OPGW NO.93 OF 2024 OF
FAMILY COURT, KALPETTA
PETITIONER:
BLESSY
AGED 25 YEARS
D/O LATE JOHN SAMUEL , RESIDING AT ABADAN HOUSE,
PULLUKULAM, KUDAPPANAKUNNU.P.O, THIRUVANANTHAPURAM, PIN
- 695043
BY ADV DIVYA RAVINDRAN
RESPONDENTS:
VARGHESE
S/O JOSEPH, AGED 43 YEARS, AMBADAN HOUSE, KOLAGAPPARA
P.O, MEENANGADI, SULTHAN BATHERI, WAYANAD DISTRICT, PIN
- 673592
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.10.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Tr.P(C) No. 565 of 2024 :2:
2024:KER:80975
VIJU ABRAHAM , J.
===========================
Tr.P(C) No. 565 of 2024
============================
Dated this the 30th day of October, 2024
ORDER
Petitioner has approached this Court seeking transfer of OP (G
& W) No.93 of 2024 on the file of the Family Court, Kalpetta to Family
Court at Thiruvananthapuram, a petition filed by the respondent
husband seeking custody of the minor child.
2. Petitioner submits that she is residing at
Thiruvananthapuram along with her minor child within the territorial
jurisdiction of the Family Court at Thiruvananthapuram. It is further
submitted that the petitioner's mother was a cancer patient who
died at a young age of the petitioner, and petitioner's father
abandoned them during her early years. Petitioner submits that
there is no one to look after her affairs, and that she is finding it
difficult to travel all the way to Wayanad to attend the Court
proceedings which is almost 460 kms away from her place of
residence.
Taking into consideration the above facts and circumstances,
especially the fact that the petitioner is residing within the territorial
jurisdiction of Family Court at Thiruvananthapuram along with her
minor child, and also taking into consideration the impact of Section
2024:KER:80975
9 of the Guardians and Wards Act, 1890 which mandates that
petition shall be filed in the Court where the minor ordinarily resides
and also 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
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 (G & W) No.93 of 2024
now pending before the Family Court, Wayanad is transferred to
Family Court, Thiruvananthapuram for trial and disposal.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
2024:KER:80975
APPENDIX OF TR.P(C) 565/2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF O.P. (G&W) NO. 93/2024 FILED
BY THE RESPONDENT BEFORE THE HON'BLE
FAMILY COURT, WAYANAD, KALPETTA
