Kerala High Court
Arya S vs Ajith Y on 23 January, 2025
TR.P(C) 654/2024
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2025:KER:5904
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 23RD DAY OF JANUARY 2025 / 3RD MAGHA, 1946
TR.P(C) NO. 654 OF 2024
OPGW NO.398 OF 2024 OF FAMILY COURT, ADOOR
PETITIONER/RESPONDENT:
ARYA S.
AGED 34 YEARS
D/O K.C. SHAJIKUMAR, RESIDING AT KAVINTEVADAKKETHIL,
NEDIYAKALA, ELAVUMTHITTA P.O., MEZHUVELI VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT,
PIN - 689625
BY ADVS.
KEVIN JAMES
ATHUL M.V.
ASWIN V. NAIR
RESPONDENTS/PETITIONERS:
1 AJITH Y
AGED 36 YEARS
S/O YESODHARAN, AKHIL BHAVAN, MANAKALA P.O., ERATHU
VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT,
PIN - 691551
2 YESHODHARAN
AGED 68 YEARS
AKHIL BHAVAN, MANAKALA P.O., ERATHU VILLAGE, ADOOR
TALUK, PATHANAMTHITTA DISTRICT, PIN - 691551
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.01.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
TR.P(C) 654/2024
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O R D E R
(Dated this the 23rd day of January 2025)
This Transfer Petition is filed seeking transfer of
O.P(Guardian and Wards) No.398 of 2024 pending before the
Family Court, Adoor, to the Family Court, Pathanamthitta.
2. The 1st respondent is the husband of the
petitioner. Their marriage was solemnized on 26.11.2015, and
three children were born in their wedlock. The petitioner,
along with the three minor children, filed M.C No.96/2023
before the Family Court, Pathanamthitta, claiming maintenance,
and she had also filed O.P.(Oth.) No.634/2023 for return of gold
ornaments before the same court. The respondents filed O.P.
(Guardian and Wards) No.398/2024 before the Family Court,
Adoor for custody of the three minor children.
3. The contention raised by the petitioner is that
the petitioner and the children are residing in her parent’s
house, which comes under the jurisdiction of the Family Court,
TR.P(C) 654/2024
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Pathanamthitta and the children are studying in a nearby
school. The Family Court, Adoor is 19 kms away from her
residence. She will be put to great hardship if she is forced to
travel to the Family Court, Adoor, for contesting the case.
4. Though notice issued from this Court has been
served on the respondents, none appeared.
5. On going through the averments in the Transfer
Petition as well the grounds raised, I am of the opinion that the
transfer petition can be allowed. Moreover, the law in respect
of transfer of proceedings, particularly in matrimonial disputes,
is no longer res-integra, in view of the categoric declaration of
law by the Hon’ble Supreme Court in Sumitha Singh v. Kumar
Sanjay and another [(2001)10 SCC 41)], Mona Aresh Goel v.
Aresh Satya Goel [(2000) 9 SCC 255], Vaishali Shridhar
Jagtap v. Shridhar Vishwanath Jagtap [AIR 2016 SC 3584]
and Santhini v. Vijaya Venkatesh [2017 (4) KLT 415 (SC)];
wherein it is held that it is the convenience of the woman and
TR.P(C) 654/2024
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children that has to be looked into while ordering the transfer
of a case from one court to another. The law is quite categoric,
and the wife’s convenience has to be looked into while deciding
a petition for transfer.
In the result, this Transfer Petition is allowed.
O.P(Guardian and Wards) No.398 of 2024 pending before the
Family Court, Adoor is withdrawn and transferred to the Family
Court, Pathanamthitta. The Family Court, Adoor shall
immediately transfer the records to the Family Court,
Pathanamthitta. On receipt of the records, the Family Court,
Pathanamthitta shall issue notice to the parties and dispose of
the case in accordance with law.
Sd/-
BASANT BALAJI
JUDGE
JS
TR.P(C) 654/2024
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2025:KER:5904
APPENDIX OF TR.P(C) 654/2024
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE PETITION IN M.C. NO.
96/2023 BEFORE THE FAMILY COURT,
PATHANAMTHITTA
Annexure A2 THE TRUE COPY OF THE PETITION IN O.P. (OTH.)
NO. 634/2023 OF THE FAMILY COURT,
PATHANAMTHITTA
Annexure A3 THE TRUE COPY OF THE PETITION IN O.P. (G&W)
NO. 398/2024 OF THE FAMILY COURT, ADOOR
ALONG WITH THE NOTICE
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