TR.P(C) NO. 136 OF 2025 1 2025:KER:30084 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 TR.P(C) NO. 136 OF 2025 AGAINST THE ORDER/JUDGMENT IN OP NO.489 OF 2024 OF FAMILY COURT, THALASSERY PETITIONER: DHANYA RAMACHANDRAN AGED 30 YEARS D/O RAMACHANDRAN RESIDING AT KUMBALA KUDIYIL, ANGADI KADAVU, MOODIYIRANJI, IRITY, KANNUR DIST. NOW RESIDING AT H NO. 075, PATTATHU ROAD, CHALIKKAVATTOM, VYTTILA , ERNAKULAM DIST. 682019, PIN - 670706 BY ADVS. BINDU SREEKUMAR GOUTHAM SREEKUMAR RESPONDENTS: 1 NOBLE AUGASTIAN AGED 35 YEARS S/O AGASTIAN, KARINTHOLIL HOUSE, KILIYANTHARA HOUSE, IRITTY, KANNUR.DIST., PIN - 670706 2 AGASTHI AGED 70 YEARS RESIDING AT KARINTHOLIL HOUSE, KILIYANTHARA HOUSE, IRITY , KANNUR.DIST, PIN - 670706 3 DAISY W/O AGASTHI,RESIDING AT KARINTHOLIL HOUSE, KILIYANTHARA HOUSE, IRITY , KANNUR.DIST., PIN - 670706 TR.P(C) NO. 136 OF 2025 2 2025:KER:30084 THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: TR.P(C) NO. 136 OF 2025 3 2025:KER:30084 ORDER Dated this the 4th day of April, 2025 The petitioner is the respondent in O.P No. 489/2024, pending before the Family Court, Thalassery, which is filed by the respondent herein. 2. The marriage between the petitioner and the respondent was solemnized on 15.03.2013 as per the Special Marriage Act. A child is born out of the wedlock. The petitioner filed M.C. No. 204/2024 before the Family Court, Ernakulam, for getting maintenance from the respondent. The petitioner presently resides at Ernakulam along with her mother and minor son. Due to the physical and mental cruelty from the part of the respondent, the petitioner is under medication at Ernakulam. Hence, the petitioner is not able to travel from Ernakulam to Thalassery at this time to attend every postings therein. Therefore, she seeks a transfer from Family Court Thalassery to Family Court, Ernakulam. 3. Though notice was issued from this Court and it was served on the respondent, none appears. 4. Taking note of the decision of the Apex Court in Sumitha Singh v. Kumar Sanjay and another [(2001)10 SCC 41], TR.P(C) NO. 136 OF 2025 4 2025:KER:30084 Mona Aresh Goel V.Aresh Satya Goel[(2000) 9 SCC 255], Vaishali Shridhar Jagtap V.Sridahar Vishwanath Jagtap[AIR 2016 SC 3584] and Santhini V.Vijaya Venkatesh [2017 (4) KLT 415(SC)] wherein it was held that, in matrimonial disputes, the prior consideration is to the convenience of the wife and in such cases the transfer has been effected. Thus, in the light of the uncontroverted averments in the memorandum of transfer petition and the law laid down by the Hon’ble Supreme Court in the afore cited decisions, I am inclined to allow this transfer petition. 5. O.P No. 489/2024, pending before the Family Court, Thalassery, is withdrawn and transferred to the Family Court, Ernakulam. The Family Court, Thalassery, shall immediately transfer the records to the Family Court, Ernakulam, and the Family Court, Ernakulam shall issue fresh notice to the parties upon receipt of the records and dispose of the case in accordance with law. Sd/- BASANT BALAJI JUDGE saap TR.P(C) NO. 136 OF 2025 5 2025:KER:30084 APPENDIX OF TR.P(C) 136/2025 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE F.I.R NO.583/2024 DATED 22.7.24 REGISTERED BY THE POLICE PERSONS OF IRITTY POLICE STATION Annexure A2 TRUE COPY OF THE NOTICE IN O.P 489/24 DATED 1 /07/2024 ISSUED BY THE FAMILY COURT, THALASSERY TO THE PETITIONER //True copy//PA to Judge