Vinayaraj N vs Ramya K.V And Ors

P.V. Kunhikrishnan, J

This appeal is filed against the order dated 1.10.2020 in Tr.P.(C) No.291 of 2020. The appeal is filed by the respondent/husband in the above

transfer petition.

The transfer petition was filed by the wife, who is the respondent in O.P.No.216 of 2020 on the file of the Family Court, Kasaragod. The appellant

filed the above original petition for dissolution of marriage. The respondent/wife in O.P.No.216/2020 filed the transfer petition to transfer the above

case from Family Court, Kasaragod to Family Court Kannur. After hearing both sides, the learned Single Judge allowed the transfer petition and

transferred the case from Family Court, Kasaragod to Family Court, Kannur. Aggrieved by this order, this appeal is filed appellant/husband.

Heard the learned counsel for the appellant and the learned counsel for the respondent.

The learned counsel for the appellant submitted that, the learned Single Judge transferred the case simply because of the reason that the transfer

petition was filed by the wife. According to the counsel, there is no rule to transfer a case simply because the wife filed the transfer petition. The

appellant's counsel submitted that, he is a heart patient and had undergone a surgery. He can't travel up to Kannur regularly to contest the case. The

counsel also argued that the respondent/wife is a healthy lady and also the owner of a car. She can travel in her car to Kasargod is the contention.

The counsel submitted that the learned single judge did not consider these contentions of the appellant. The counsel for the respondent/wife supported

the impugned order.

After hearing both sides, we are of the view that there is nothing to interfere with the impugned order. The learned Single Judge considered all the

aspects in detail and found that it is a fit case to be transferred based on the petition by the respondent/wife. The illness of the appellant and

inconvenience of the respondent were compared and after analysing it, the learned single judge decided in favour of the respondent/wife by allowing

the transfer petition. The learned Single Judge relied the judgments of the Apex Court as well as this Court to conclude like that. There is nothing to

interfere with the impugned order because the appellant has not raised any valid ground to substantiate his case. Moreover, the appellant is residing at

Thrikaripur. Admittedly the distance from the house of the appellant to the Family court Kannur is only about 40 KM. Considering the entire facts and

circumstances, we are of the definite view that there is nothing to interfere with the impugned order.

Hence, this Transfer Appeal (Civil) is dismissed.