Ashwathi P.A. vs Bibin Vijayan

This petition is filed by the respondent in O.P. No. 414 of 2020 on the file of the Family Court, Muvattupuzha seeking transfer of the said O.P. to

Family Court, Irinjalakuda.

The petitioner is the wife of the respondent herein. The Original Petition was filed by the respondent herein before the Family Court, Muvattupuzha

seeking divorce.

It is submitted by the learned counsel for the petitioner that the petitioner is residing in Thrissur District. It is also submitted that the father of the

petitioner died recently and there is no one to accompany her to Muvattupuzha. Moreover, she is unemployed. Such being the case, the submission of

the learned counsel for the petitioner is that it will be extremely difficult for the petitioner to appear before the Family Court, Muvattupuzha.

The respondent husband vehemently opposed this application.

It is well settled that in matrimonial disputes, while considering transfer petitions, the convenience of the wife is to be preferred over the

convenience of the husband. (See Sumita Singh v. Kumar Sanjay (2002 KHC 1889), Sailaja V v. V. Koteswara Rao (2003 KHC 3105) and Rajani

Kishor Pardeshi v. Kishor Babulal Pardeshi ((2005) 12 SCC 237). When the factum of convenience of the parties is considered, it tilts in favour of the

wife. Considering all these facts, in the interests of justice, I find that the O.P. has to be transferred to the Family Court, Irinjalakuda as prayed for.

Hence, this transfer petition is allowed and O.P. No.414 of 2020 pending before the Family Court, Muvattupuzha is withdrawn and transferred to

Family Court, Irinjalakuda. The learned Judge, Family Court, Muvattupuzha shall transmit the records after fixing a date for appearance of the parties

before the Family Court, Irinjalakuda.