Kavitha K vs Jayachanddran G

This petition is filed by the respondent in O.P.(HMA)No.483 of 2020 on the file of the Family Court, Alappuzha seeking dissolution of marriage.

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

seeking dissolution of marriage.

It is submitted by the learned counsel for the petitioner that the petitioner and her children are residing at Manjeri within the jurisdiction of the

Family Court, Malappuram, along with her mother It is also submitted that she has to undertake a long journey to contest her case as the Family Court,

Alappuzha is situated more than 250 Km away from her place of residence. More over her children are minors and her mother is pretty old and she is

not financially sound to bear the expenses to contest the case at Alappuzha. Such being the case, it will be extremely difficult for her to attend the

court proceedings before the Family Court, Alappuzha.

Though notice has been served to the respondent, he failed to appear before this Court, to raise objection. That itself shows that he has no objection

in transferring this case.

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Therefore, this transfer petition is allowed and O.P(HMA) No.483 of 2020 pending before the Family Court, Alappuzha is withdrawn and transferred

to Family Court, Malappuram. The learned Judge, Family Court, Alappuzha shall transmit the records after fixing a date for appearance of the parties

before the Family Court, Malappuram.