Susan George vs Sinu Sam Oommen

The matrimonial discord among spouses resulted in a spate of litigation. The respondent/husband filed O.P.(Div) No.1461 of 2019 before the Family

Court, Ettumanoor. In turn, the petitioner/wife filed O.P.No.601 of 2020 before the Family Court, Mavelikkara seeking return of the gold ornaments

and money given at the time of marriage. Tr.P.(C) No.542 of 2020 is filed by the wife seeking transfer of O.P.(Div) No.1461 of 2019 to the Family

Court, Mavelikkara and Tr.P.(C) Nos.108 of 2021 and 122 of 2021, by the husband seeking transfer of O.P.No.601 of 2020 from the Family Court,

Mavelikkara and O.P.(Div) No.1461 of 2019 from the Family Court, Ettumanoor to the Family Court, Thiruvalla.

The wife contends that, being a permanent resident within the limits of the Mavelikkara Family Court, she had chosen to file her case in that court.

Since both spouses are working at Thiruvananthapuram, Mavelikkara is more proximate than Ettumanoor.

According to the husband, he had earlier worked at Thiruvananthapuram, but is now employed at InfoPark in Ernakulam. The Family Court at

Thiruvalla is more convenient for both, as Thiruvalla is only a short distance from Mavelikkara and his parental house is at Mallappally, within the

limits of Thiruvalla Family Court. The husband has further stated that he has to undertake overseas journeys in connection with his employment and

therefore, he is proposing to appoint his father as power of attorney holder to contest the cases on his behalf. That, his father aged 79 and mother 76

years, and have unnecessarily been arrayed as respondents in the original petition filed by the wife. They will be put to extreme difficulties if they are

compelled to appear before the Family Court at Mavelikkara.

Heard Sri.A.Shafeek, learned Counsel appearing for the wife and Sri.Latheesh Sebastian, learned counsel for the husband.

Learned Counsel for the wife submitted that, despite being a permanent resident of Mallappally in Pathanamthitta District, the husband had

deliberately filed O.P.(Div) No.1461 of 2019 before the Family Court, Ettumanoor with the sole intention of harassing the wife. The attempt to get the

cases transferred to the Family Court, Thiruvalla is also ill motivated. The proposal of the husband to appoint his father as power of attorney is not a

valid ground for transferring the cases to Thiruvalla. The contention that the husband’s aged parents will be put to hardship if they are compelled

to appear before the Family Court, Mavelikkara cannot also be countenanced, since their personal appearance is not necessary on all posting dates.

Learned Counsel placed reliance on the decisions of the Honourable Supreme Court to contend that, while considering requests for transfer pertaining

to matrimonial cases, convenience of the wife should be given priority.

Learned counsel for the husband refuted the contentions and submitted that the original petition for divorce was filed before the Ettumanoor Family

Court, since the marriage was solemnised within the jurisdictional limits of that court. According to the learned Counsel, the wife being employed at

Thiruvananthapuram, will not be put to any inconvenience by attending the Family Court at Thiruvalla and the original petition for return of gold

ornaments is filed only as a counterblast to the petition for divorce filed by the husband. It is contended that the Honourable Supreme Court has not

laid down any absolute rule that in every matrimonial case, convenience of the wife should be given priority. On the other hand, on noticing that the

indulgence shown by the courts in the matter of transfer is being misused by ladies, the Apex Court has directed each case to be decided on its merits.

The wife being a permanent resident of Venmony within the limits of the Family Court, Mavelikkara, she cannot be compelled to attend the Family

Court at Thiruvalla to suit the convenience of the husband, especially when the divorce petition is filed by the husband before the Family Court at

Ettumanoor. That, the husband’s parents are residing within the limits of the Family Court, Thiruvalla and he is proposing to appoint his father as

power of attorney holder or that the wife is employed at Thiruvananthapuram, are not valid reasons for transferring the case to the Thiruvalla Family

Court.

As held by the Honourable Supreme Court in Sumita Singh v Kumar Sanjay and another [(2001) 10 SCC 41], Rajani Kishore Pardesh v Kishore

Babulal Pardesh [(2005) 1 SCC 237] and a plethora of other decisions, in transfer petitions arising from matrimonial cases, convenience of the wife

should be preferred over that of the husband. Hence, I am inclined to allow the request of the wife for transferring the divorce petition filed by the

husband to the Family Court, Mavelikkara.

In the result, the Tr.P.C No.542 of 2020 is allowed and Tr.P.(C) Nos.108 and 122 of 2021 are dismissed. O.P.(Div) No.1461 of 2019 on the files of

the Family Court, Ettumanoor shall forth with be transferred to the Family Court, Mavelikkara. The parties shall appear before the Family Court,

Mavelikkara on 06.08.2021.