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Judgment
This petition is filed by the respondent in O.P. No. 1905 of 2020 on the file of the Family Court, Ernakulam seeking transfer of the said O.P. to
Family Court, Kottayam at Ettumanoor.
The petitioner and the respondent are husband and wife. The Original Petition was filed by the respondent herein before the Family Court,
Ernakulam seeking a decree of nullity of marriage and for permanent custody and guardianship of the minor child.
It is submitted by the learned counsel for the petitioner that the petitioner and her minor son are residing along with her aged parents at
Changanassery. Now she has to undertake a long journey to contest her case as the Family Court at Ernakulam is situated more than 80 Kms away
from her place of residence. More over, her child is a minor. Such being the case, it will be extremely difficult for her to attend the court proceedings
before the Family Court, Ernakulam. Hence, the petitioner seeks transfer of O.P. No. 1905 of 2020 from Family Court, Ernakulam to the Family
Court, Kottayam at Ettumanoor.
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 case, 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Therefore, this transfer petition is allowed and O.P. No.1905 of 2020 pending before the Family Court, Ernakulam is withdrawn and transferred to
Family Court, Kottayam at Ettumanoor. The learned Judge, Family Court, Ernakulam shall transmit the records after fixing a date for appearance of
the parties before the Family Court, Kottayam at Ettumanoor.