Sweetha Carmal Fulton vs Prince Thomas

This petition is filed by the respondent in O.P. No. 676 of 2020 on the file of the Family Court, Ernakulam seeking transfer of the said O.P. to

Family Court, Thiruvananthapuram

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

seeking dissolution of marriage.

It is submitted by the learned counsel for the petitioner that the petitioner is residing in Thiruvananthapuram District. Now she has to undertake a

long journey to contest her case as the Family Court at Ernakulam is situated more than 205 Km away from her place of residence. Such being the

case, it will be extremely difficult for her to attend the court proceedings before the Family Court, Ernakulam.

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 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Therefore, this transfer petition is allowed and O.P.No.676 of 2020 pending before the Family Court, Ernakulam is withdrawn and transferred to

Family Court, Thiruvananthapuram. The learned Judge, Family Court, Ernakulam shall transmit the records after fixing a date for appearance of the

parties before the Family Court, Thiruvananthapuram.