This transfer petition challenged the disposal of a divorce petition filed in Thrissur by the petitioner-wife resident in Ernakulam. The High Court dismissed the transfer, ruling that since the respondent incurred travel expenses and the convenience of the wife is not always paramount, the original forum should retain jurisdiction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Tr.PC.252/21
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
TR.P(C) NO. 252 OF 2021
AGAINST THE ORDER/JUDGMENT IN OPDIV 1867/2020 OF FAMILY
COURT,THRISSUR, THRISSUR
PETITIONER/S:
SONA WILSON AGED 39 YEARS D/O. JOSEPH V., VADAKKUMTHALA HOUSE, OPP. GAS GODOWN, THANNIKKAL, PO ELAMAKKARA, ERNAKULAM (DIST.), PIN-682016.
BY ADVS. GERRY DOUGLES S. SRI.ARUN MATHEW VADAKKAN SHRI.DON PAUL
RESPONDENT/S:
WILSON P.MATHEWS AGED 44 YEARS S/O. LATE P.T.KOCHU MATHEW, PONNOR HOUSE, PULINCHERY ROAD, PO PAVARATTY, PAVARATTY VILLAGE, CHAVAKKADU TALUK, TRICHUR (DIST.), PIN-680507.
BY ADV PREMCHAND M.
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON, THE COURT ON 04.08.2021 THE SAME DAY DELIVERED THE FOLLOWING:
Tr.PC.252/21
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V.G.ARUN, J.
Tr.P.C.No. 252 of 2021
Dated this the 4th day of August, 2021
O R D E R
The spouses are at loggerheads and the respondent-husband has sought divorce by filing O.P.(DIV).No.1865 of 2020 before the Family Court, Thrissur. The petitioner-wife, who is a permanent resident of Elamakkara in Ernakulam District, is seeking transfer of the original petition filed by the respondent to the Family Court, Ernakulam. The reason for transfer is the difficulty in commuting from Ernakulam to Thrissur to contest the case.
Tr.PC.252/21
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the respondent had filed G.O.P.No.718 of 2020 before the Family Court, Thrissur, which was initially contested by the petitioner and the later given up, as evidenced by Exhibit R1. Thereupon, the Family Court, Thrissur decreed the original petition, restraining the petitioner from removing the three minor children from the lawful custody of the respondent otherwise than under due process of law. It is submitted that the petitioner has so far not initiated any legal proceeding for getting custody of the children and it is the respondent, who is looking after the children single handedly. As the respondent is having care and custody of the children, he may not be compelled to contest the case at Ernakulam. It is submitted that the respondent is even prepared to meet the travel expenses of the petitioner.
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the Apex Court in Arindhita Das v Srijit Das [(2006) 9 SCC 197], convenience of the wife need not be given precedence always.
In the result, the transfer petition is dismissed. The undertaking made on behalf of the respondent that he will bear the expenses for the petitioner's travel from Ernakulam to Thrissur for appearing before the Family Court, Thrissur, is recorded. The Family Court, Thrissur shall not insist on the petitioner's personal presence, unless absolutely necessary.
Sd/-
V.G.ARUN, JUDGE
vgs
Tr.PC.252/21
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APPENDIX OF TR.P(C) 252/2021
PETITIONER ANNEXURE
ANNEXURE 1
TRUE COPY OF NOTICES DATED 18.11.2020 IN OP 1867/2020 FROM HON'BLE FAMILY COURT, TRICHUR RECEIVED BY PETITIONER AND COP OF IA.5/2020.
2 issues framed by the court
Whether a petition for transfer of matrimonial proceedings from Thrissur to Ernakulam should be allowed based on the petitioner's convenience.
Whether the convenience of the wife should always be given precedence over that of the husband in transfer petitions.
Colour shows how this judgement treated each authority
Arindhita Das v Srijit DasReferred¶29
Arindhita Das v Srijit Das [(2006) 9 SCC 197] · Who else cites this
Sona Wilson
Wilson P. Mathews
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
