The High Court allowed a transfer petition seeking to move a matrimonial original pending before the Thrissur Family Court to the Ottappalam Family Court, citing the petitioner's residence and convenience as mandated by Supreme Court precedent.
Transfer of O.P. No.1505/2023 from Family Court, Thrissur to Family Court, Ottappalam.
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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. 706 OF 2023
IN OP NO.1505/2023 OF FAMILY COURT,THRISSUR
PETITIONER(S)/RESPONDENT:
B.GAYATHRI
AGED 31 YEARS, D/O.V.BALAKRISHNAN, MAMPATTAKALAM HOUSE,
MUNDAKOTTUKURISSI, CHALAVARA.P.O., PATTAMBI, PALAKKAD,
PIN – 676122.
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT(S)/PETITIONER:
N.R.ARJUNKUMAR
AGED 39 YEARS, S/O.LATE.T.N.RAMANUNNI,
THEKKE NAMBILLI HOUSE, CHERUTHURUTHI.P.O.,
THALAPPILLI, THRISSUR, PIN – 679531.
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.706 of 2023
..2..
O R D E R
Dated this the 14th day of November, 2023
This petition is filed by the petitioner/wife,
seeking transfer of O.P. No.1505/2023, pending
before the Family Court, Thrissur, to the Family
Court, Ottappalam. Service is complete. However,
there is no representation for the respondent.
2.The learned counsel for the petitioner
submitted that by virtue of Anx.2 order passed by
this Court, litigations pending by and between the
petitioner and the respondent as on that date were
transferred to the Family Court, Ottappalam. The
present original petition is one preferred by the
husband before the Family Court, Thrissur after
Anx.2. The transfer is sought for on the ground
Tr.P.(C).NO.706 of 2023
..3..
that the petitioner is residing within the limits
of Family Court, Ottappalam and that it will be
convenient for her to conduct the case in that
Court.
3.Having regard to the afore facts and
circumstances, this Court is inclined to allow
this original petition, as mandated by the
judgment of the Hon'ble Supreme Court in Sumita
Singhv. Kumar Sanjay & another [(2001) 10 SCC
41], which held that the convenience of the wife
is certainly a matter to be taken into
consideration while fixing the forum in respect
of matrimonial disputes.
4.In these circumstances, this Transfer Petition
is allowed directing transfer of O.P.No.1505/2023,
pending before the Family Court, Thrissur, to the
Family Court, Ottappalam. The transferor Court
Tr.P.(C).NO.706 of 2023
..4..
shall transmit the entire records to the
transferee Court, forthwith.
Sd/-
C. JAYACHANDRAN JUDGE
Skk//16.11.2023
Tr.P.(C).NO.706 of 2023
..5..
APPENDIX OF TR.P(C) NO.706/2023
PETITIONER’S ANNEXURES:-
ANNEXURE 1TRUE COPY OF THE O.P.NO:1505/2023 ON
THE FILE OF THE FAMILY COURT, THRISSUR
ALONG WITH ITS NOTICE DATED 21.09.2023
ANNEXURE 2TRUE COPY OF THE ORDER IN TR.P.
(C).NO.278/ 2019 DATED 15.07.2020 OF
THIS HON'BLE COURT
2 issues framed by the court
Whether the transfer of the original petition before the Family Court, Thrissur, to the Family Court, Ottappalam is justified based on the petitioner's residence.
Whether the convenience of the wife is a valid consideration for fixing the forum in matrimonial disputes.
Colour shows how this judgement treated each authority
Sumita Singh v. Kumar Sanjay & anotherExplained¶24
Sumita Singh v. Kumar Sanjay & another [(2001) 10 SCC 41] · Who else cites this
B.Gayathri
N.R.Arjunkumar
C. Jayachandran
As recorded by the court registry
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