This order allowed a transfer petition to shift O.P.No.933/2023 from the Family Court, Kunnamkulam to the Family Court, Ernakulam. The court relied on the wife's residence within Ernakulam for convenience, citing the Supreme Court in Sumita Singh.
Directed transfer of O.P.No.933/2023 to Family Court, Ernakulam with transmission of records.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 14TH DAY OF NOVEMBER 2023 / 23RD KARTHIKA, 1945
TR.P(C) NO. 244 OF 2023
IN OP NO.933/2023 OF FAMILY COURT, KUNNAMKULAM
PETITIONER/RESPONDENT:
ATHIRA KN
AGED 26 YEARS, DAWSON VIHAR, TYPE II, B-11,
THYKOODAM, VYTTILA, ERNAKULAM, PIN – 682019.
BY ADVS.
MEERA RAMESH
E.ADITHYAN(K/746/2014)
NESAMUDHEEN(D/2980/2021)
MRUDULA MOHAN(D/1532/2021)
TREESA MANJILA(K/1937/2020)
RESPONDENT/PETITIONER:
VISHNU VIJAYAKUMAR NAIR
AGED 29 YEARS, AO1, NEELIMA APARTMENT, SPS MARG,
J.M. ROAD, BHANDUP WEST, MUMBAI, PIN – 400078.
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Tr.P.(C).NO.244 of 2023
..2..
O R D E R
Dated this the 14th day of November, 2023
This petition is preferred by the petitioner/wife,
seeking transfer of O.P.No.933/2023 from the the
Family court, Kunnamkulam to the Family Court,
Ernakulam. Transfer is sought for on the ground of
convenience of the wife, since she is residing
within the limits of Family Court, Ernakulam.
Although, notice was served upon the respondent,
there is no appearance for him.
2. In view of the authoritative pronouncement of
the Hon'ble Supreme Court in Sumita Singhv. Kumar
Sanjay & another[(2001) 10 SCC 41], the
convenience of the wife is certainly a matter to
be taken into consideration while fixing the forum
in respect of matrimonial disputes.
Tr.P.(C).NO.244 of 2023
..3..
3. In these circumstances, this Transfer Petition
is allowed, directing transfer of O.P.No.933/2023
pending before the Family Court, Kunnamkulam, to
the Family Court, Ernakulam. The transferor Court
shall transmit the entire records to the
transferee Court, forthwith.
Sd/-
C. JAYACHANDRAN
JUDGE
Skk//14.11.2023
Tr.P.(C).NO.244 of 2023
..4..
APPENDIX OF TR.P(C) NO.244/2023
PETITIONER’S ANNEXURES:-
ANNEXURE A1COPY OF OP NO.847/2023 PENDING BEFORE
THE HON'BLE FAMILY COURT, ERNAKULAM
ANNEXURE A2COPY OF OP NO.933/2023 PENDING BEFORE
THE HON'BLE FAMILY COURT, KUNNAMKULAM
1 issue framed by the court
Whether O.P.No.933/2023 should be transferred from Family Court, Kunnamkulam to Family Court, Ernakulam based on the wife's convenience.
Colour shows how this judgement treated each authority
Sumita Singh v. Kumar Sanjay & anotherReferred¶17
Sumita Singhv. Kumar Sanjay & another[(2001) 10 SCC 41] · Who else cites this
ATHIRA KN
VISHNU VIJAYAKUMAR NAIR
C. JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court