Mithra Devasia vs Ajo George

This petition is filed by the respondent in O.P. No. 372 of 2020 on the file of the Family Court, Muvattupuzha seeking transfer of the said O.P. to

Family Court,Thalassery.

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

for restitution of conjugal rights.

It is submitted by the learned counsel for the petitioner that the petitioner is an unemployed lady having no independent source of income and in fact

she is fully dependent upon her parents for her livelihood. Now she has to undertake a long journey to contest her case which is pending before the

Family Court at Muvattupuzha. More over her child is a minor. Such being the case, it will be extremely difficult and financially not feasible for her to

attend the court proceedings before the Family Court, Muvattupuzha.

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Therefore, this transfer petition is allowed and O.P. No.372 of 2020 pending before the Family Court, Muvattupuzha is withdrawn and transferred to

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

before the Family Court, Thalassery.