Shibini A.V vs Sudheesh Parakka

This petition is filed by the respondent in O.P. No. 373 of 2020 on the file of the Family Court, Vadakara seeking transfer of the said O.P. to Family

Court, Kozhikode.

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

restitution of conjugal rights.

It is submitted by the learned counsel for the petitioner that the petitioner along with her minor daughter is residing at Kozhikode. It is also submitted

that the petitioner has also moved the Family Court, Kozhikode seeking maintenance. Such being the case, it will be extremely difficult for her to

attend the court proceedings before the Family Court, Vadakara.

Inspite of service of notice on the respondent, he has not turned up.

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Therefore, this transfer petition is allowed and O.P. No.373 of 2020 pending before the Family Court, Vadakara is withdrawn and transferred to

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

before the Family Court, Kozhikode.