IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI THURSDAY, THE 20TH DAY OF MARCH 2025 / 29TH PHALGUNA, 1946 TR.P(C) NO. 24 OF 2025 OPDIV NO.480 OF 2024 OF FAMILY COURT,THIRUVANANTHAPURAM PETITIONER: ISWARYA S DHANESH AGED 34 YEARS D/O. C. DHANESAN, DEVI NADAM, PERINAD, MATHILIL P.O., KOLLAM, PIN - 691601 BY ADVS. O.A.NURIYA REVATHY P. MANOHARAN S.R.REMYA MOHAMED DHANISH K.S. RESPONDENTS: VISHNU SASIDHARAN S AGED 38 YEARS S/O. K. SASIDHARAN, SARATH, VEDIVACHANKOVIL, BHAGAVATHYNAGA P.O., THIRUVANANTHAPURAM, PIN - 695501 THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: TR.PC 24/2025 -2- 2025:KER:28058 O R D E R (Dated this the 20 th day of March, 2025) This Transfer Petition has been filed seeking the transfer of OP (Div) No. 480 of 2024 pending before the Family Court, Thiruvananthapuram, to the Family Court, Kollam. 2. The petitioner is the wife of the respondent. The marriage between the petitioner and the respondent was solemnized on 24.04.2014 at Kollam, as per Hindu religious rites and customs, and twin girls are born out of this wedlock. Due to harassment from the respondent and his parents, the petitioner filed MC No. 258 of 2022 before the Family Court, Kollam, and she also filed OP No. 392/2023 for return of gold ornaments and money before the same court. Earlier, the respondent herein had filed a petition before the Family Court, Kollam, as OP (G&W) No. 1851/2021 seeking custody of their minor children, and the same is still pending. The petitioner had also filed a petition against the respondent under the Protection of Women from Domestic Violence Act, 2005, numbered as MC (DV) No. 17/2022 TR.PC 24/2025 -3- 2025:KER:28058 before the Judicial First Class Magistrate Court, Kollam. During the pendency of the above-said cases, the respondent filed OP (Div) No. 480 of 2024 seeking for dissolution marriage before the Family Court, Thiruvananthapuram. 3. The case of the petitioner is that she is residing in her parental home, along with the minor children, at Kollam. The distance from the petitioner’s house to Family Court, Thiruvananthapuram, is about 80 kms, whereas the distance from petitioner’s house to Family Court, Kollam, is only 8 kms. Therefore, it is highly difficult for the petitioner to travel to Family Court, Thiruvananthapuram, for appearing and contesting the said case. Moreover, since all the other litigations between the petitioner and respondent are pending before the Court at Kollam, OP (Div) No. 480 of 2024 is also to be transferred to the Family Court, Kollam, so that all the cases can be decided together. In the above circumstances, the petitioner seeks a transfer. TR.PC 24/2025 -4- 2025:KER:28058 4. Notice issued from this Court has been served on the respondent and none appears. Thus, it can be seen that the averments in the Transfer Petition stands unchallenged, which entitles the petitioner to an order from this Court. 5. 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 children that have 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, and in such cases, transfer has been effected. TR.PC 24/2025 -5- 2025:KER:28058 6. Thus, in the light of the uncontroverted averments in the memorandum of transfer petition, considering the pendency cases before the Family Court, Kollam, and the law laid down by the Hon'ble Supreme Court in the afore-cited decisions, I am inclined to allow this transfer petition. In the result, OP (Div) No. 480 of 2024 pending before the Family Court, Thiruvananthapuram, is withdrawn and transferred to the Family Court, Kollam. The Family Court, Thiruvananthapuram, shall immediately transfer the records to the Family Court, Kollam. On receipt of the records, the Family Court, Kollam, shall issue notice to the parties and dispose of the case in accordance with law. Sd/- BASANT BALAJI JUDGE JS TR.PC 24/2025 -6- 2025:KER:28058 APPENDIX OF TR.P(C) 24/2025 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF OP NO. 392/2023 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, KOLLAM Annexure A2 TRUE COPY OF OP (G&W) NO. 1851/2021 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, KOLLAM Annexure A3 TRUE COPY OF O.P (DIV) NO. 480/2024 ON THE FILES OF FAMILY COURT, THIRUVANANTHAPURAM