Jinshamol M.S vs Sreejith P.S

This petition is filed by the respondent in O.P.No.202 of 2020 on the file of the Family Court, Pala seeking transfer of the said O.P. to Family Court,

Thodupuzha.

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

divorce.

It is submitted by the learned counsel for the petitioner that the petitioner is residing in Udumbannoor Village in Thodupuzha along with her parents.

Now she has to undertake a long journey to contest her case as the Family Court at Pala is situated more than 45 Km away from her place of

residence. Moreover there is nobody to accompany her to Pala to attend the court proceedings at Pala. Such being the case, it will be extremely

difficult for her to attend the court proceedings before the Family Court, Pala.

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. Based on the facts and circumstances of parties, I deem it appropriate and expedient for ends of justice to entertain the request of the petitioner.

Therefore, this transfer petition is allowed and O.P. No.202 of 2020 pending before the Family Court, Pala is withdrawn and transferred to Family

Court, Thodupuzha.

The learned Judge, Family Court, Pala shall transmit the records after fixing a date for appearance of the parties before the Family Court,

Thodupuzha.