Linju Paulose Vs Bijin K

1

TRPC 745/24

2025:KER:23419

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5

PRESENT

¶6

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶7

THURSDAY, THE 13TH DAY OF MARCH 2025 / 22ND PHALGUNA, 1946

¶8

TR.P(C) NO. 745OF 2024

¶9

OP NO.142 OF 2023 OF FAMILY COURT, KALPETTA

¶10

PETITIONER/S:

¶11

LINJU PAULOSE
AGED 33 YEARS
D/O. PAULOSE, KALAMBUKKATTIL HOUSE, THOTTUMUKKAM
P.O,KOZHIKODE TALUK, KOZHIKODE DISTRICT., PIN - 673639

¶12

BY ADVS.
M.R.ANISON
P.A.RINUSA
DONA MARGRET P.R.
ANAGHA RENJITH V.R.

¶13

RESPONDENT/S:

¶14

BIJIN K
AGED 34 YEARS
S/O. WILSON. KALLUVEETTIL HOUSE, AMBUKUTHI, EDAPETTI, NORTH
KALPETTA.P.O., MUTTIL, WAYANAD DISTRICT., PIN - 673122

¶15

BY ADV Celine Joseph

¶16

THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

2

TRPC 745/24

2025:KER:23419

O R D E R

(Dated this the 13^th day of March 2025)

¶22

The petitioner and respondent are husband and wife. The

¶23

petitioner/wife is the respondent in O.P No.142 of 2023, pending before the Family Court, Kalpetta.

¶24

The marriage between the petitioner and the respondent

¶25

was solemnized on 09.04.2018, at St.George Church, Wayanad. A boy child was born out of the wedlock. Later, the respondent

¶26

got job at Israel and left India. The petitioner is working as a Staff nurse. When the marital relationship between them got strained, the respondent, through his power of attorney holder, filed O.P. No.142 of 2023 before Family Court, Kalpetta, for divorce under Section 10(1)(ix) and (x) of the Indian Divorce Act. The petitioner/wife also filed O.P. No.1773 of 2024 before

¶27

the Family Court, Kozhikode for divorce.

¶28

The case of the petitioner is that the distance to the

¶29

Family Court, Kalpetta from her residence is nearly 72 kms and

3

TRPC 745/24

2025:KER:23419

she has to carry her child along with her all the way. Moreover,

¶34

the divorce case filed by her is already pending before the Family Court, Kozhikode. Hence, she seeks a transfer of the said O.P. filed by the respondent from the Family Court, Kalpetta to the Family Court, Kozhikode.

¶35

Though the counsel for the respondent appeared, no counter seems filed.

¶36

The Apex Court in Sumitha Singh v. Kumar Sanjay and another [(2001)10 SCC 41], Mona Aresh Goel V.Aresh Satya Goel[(2000) 9 SCC 255] , Vaishali Shridhar Jagtap V.Sridahar Vishwanath Jagtap[AIR 2016 SC 3584 ] and Santhini V.Vijaya Venkatesh [2017 (4) KLT 415(SC)] held that, in matrimonial disputes, the prior consideration is to the convenience of the wife and in such cases the transfer has been effected. Thus, considering the pendency of the O.P. before the Family Court, Kozhikode and in the light of the uncontroverted averments in the memorandum of Transfer Petition as well as the

4

TRPC 745/24

2025:KER:23419

law laid down by the Hon’ble Supreme Court in the afore- cited

¶41

decisions, I am inclined to transfer O.P.No.142 of 2023 pending before the Family Court, Kalpetta to the Family Court, Kozhikode, to be tried along with O.P No.1773 of 2024.

¶42

In the result, this Tr.P.C. is allowed, O.P.(C) No.142 of 2023 pending before the Family Court, Kalpetta, is withdrawn and transferred to the Family Court, Kozhikode. The Family Court, Kalpetta, shall immediately transfer the records to the Family Court, Kozhikode, and the Family Court, Kozhikode shall, upon receipt of the records, dispose of the case in accordance with law.

¶43

The parties shall appear before the Family Court,

¶44

Kozhikode on 21.4.2025.

¶45

Sd/-

¶46

BASANT BALAJI JUDGE

dl/

5

TRPC 745/24

2025:KER:23419

APPENDIX OF TR.P(C) 745/2024

¶52

PETITIONER ANNEXURES

¶53

Annexure A1 TRUE COPY OF THE O.P.NO.142/2023 FILED BY THE
RESPONDENT DATED 20.03.2023 ON THE FILES OF
FAMILY COURT KALPETTA, WAYANAD DISTRICT.
Annexure A2 TRUE COPY OF THE PROCEEDINGS IN O.P.NO.142/2023
BEFORE THE HON’BLE FAMILY COURT KALPETTA OBTAINED
FROM E-COURT SERVICES
Annexure A3 TRUE COPY OF THE O.P.NO.1773/2024 FILED BY THE
PETITIONER BEFORE THE HON’BLE FAMILY COURT,
KOZHIKODE
Annexure A4 TRUE COPY OF PROCEEDINGS IN O.P.NO.1773/2024 ON
THE FILES OF FAMILY COURT KOZHIKODE TAKEN FROM
THE E-COURT PORTAL

Linju Paulose v. Bijin K

Case brief

What is this about?

What did the court decide?

Linju Paulose v. Bijin K

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

M/S Cholamandalam Investment and Finance Co. Ltd. Vs Unnikrishnan P.M

Shoukiya Vs Abu Thahir

Shoukiya Vs Abu Thahir

Saritha M.V Vs Rajesh.a

Athira Damodharan Vs Subeesh Revi

Praveena P Nair Vs P.K.V. Jayakrishnan