Subi Merin Sunny vs Tinu S. John
2024 Latest Caselaw 25872 Ker

Kerala High Court

Subi Merin Sunny vs Tinu S. John on 30 September, 2024

Tr.P(C).No.484 of 2024                1

                                                 2024:KER:72657
             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

              THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

  MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946

                         TR.P(C) NO. 484 OF 2024

       AGAINST THE ORDER/JUDGMENT DATED IN OPDIV NO.1542 OF

2023 OF FAMILY COURT, MAVELIKKARA

PETITIONER:

             SUBI MERIN SUNNY,AGED 28 YEARS
             D/O SUNNY K. JOSEPH, KARIMBANNOOR, PULLAD,
             KOIPURAM VILLAGE, KURUNGAZHA P.O, PATHANAMTHITTA
             DISTRICT, PIN - 689548


             BY ADVS.
             JOSEPH GEORGE
             BIJO THOMAS GEORGE
             P.A.REJIMON
             NIKITA NAIR C.S.
             VIVEKJOS PUTHUKULANGARA

RESPONDENT:

             TINU S. JOHN, AGED 33 YEARS,
             S/O SAJI JOHN, OOTTUMANACKAL HOUSE, PALLIPAD P.O,
             PALLIPAD VILLAGE, KARTHIKAPALLY TALUK, ALAPPUZHA
             DISTRICT, PIN - 690512



OTHER PRESENT:

             SRI.M.A.AUGUSTINE, FOR R1
      THIS    TRANSFER     PETITION   (CIVIL)   HAVING   BEEN   FINALLY
HEARD ON 30.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Tr.P(C).No.484 of 2024               2

                                                       2024:KER:72657
                     VIJU ABRAHAM, J.
                   --------------------
                  Tr.P(C).No.484 of 2024
             --------------------------------
        Dated this the 30th day of September, 2024

                                ORDER

The petitioner has approached this Court seeking

transfer of OP(Divorce) No.1542 of 2023 pending

before the Family Court, Mavelikkara to the Family

Court, Thiruvalla, a petition filed by the

respondent seeking divorce.

2. Petitioner submits that she is presently

residing in Kurungazha-Pullad in Koipuram Village

in Pathanamthitta District, within the territorial

limits of the Family Court, Thiruvalla and she is

residing with her parents and totally depending on

them.

3. A memo has been filed stating that notice has

been served on the counsel appearing for the

respondent before the trial court. Advocate

M.A.Augustine representing on behalf of the

respondent submits that the respondent is presently

abroad and finding that his appearance is

2024:KER:72657 difficult, the father of the respondent represented

him in the mediation proceedings and that the

respondent has only formal objection in the matter

regarding transfer of the case to Family Court at

Thiruvalla.

4. Taking into consideration the above facts and

circumstances, and taking into consideration the

fact that the petitioner is residing within the

territorial limits of the Family Court, Thiruvalla

and she has to travel long distance to attend the

court proceedings at Family Court, Mavelikkara 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 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

2024:KER:72657 allow this transfer petition.

5. Therefore, the above transfer petition is

allowed transferring O.P (Divorce).No.1542 of 2023

on the file of the Family Court, Mavelikkara to the

Family Court, Thiruvalla for trial and disposal.

sd/-

VIJU ABRAHAM,JUDGE

pm

2024:KER:72657 APPENDIX OF TR.P(C) 484/2024

PETITIONER'S ANNEXURES

Annexure A-1 TRUE PHOTOCOPY OF O.P (DIVORCE) NO:

1542/2023 OF THE HON'BLE FAMILY COURT MAVELIKKARA