1 Tr.PC 109/25 2025:KER:24957 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI MONDAY, THE 17TH DAY OF MARCH 2025 / 26TH PHALGUNA, 1946 TR.P(C) NO. 109 OF 2025 TO TRANSFER OPDIV NO.1 OF 2024 OF FAMILY COURT, PATHANAMTHITTA PETITIONER/S: ROSHNA MARIAM EAPEN AGED 28 YEARS D/O EAPEN K OOMMEN, KANDATHIL HOUSE, VETTITHITTA P.O., PIRAVANTHOOR VILLAGE, PATHANAPURAM TALUK ,KOLLAM, PIN - 689696 BY ADV A.R.DILEEP RESPONDENT/S: JIFFIN SAM AGED 33 YEARS S/O SAMUEL C.J, JOICE BHAVAN,KAIRALEEPURAM, MUNDUKOTTACKAL P.O., MYLAPPRA VILLAGE KOZHANCHERRY TALUK,PATHANAMTHITTA. (ASSISTANT PROFESSOR, DEPARTMENT OF CHEMISTRY, MAR IVANIOS COLLEGE, NALANCHIRA, THIRUVANANTHAPURAM.), PIN - 689649 BY ADVS. MANU RAMACHANDRAN T.S.SARATH(K/257/2012) M.KIRANLAL(K/963/2009) R.RAJESH (VARKALA)(K/78/2000) SAMEER M NAIR(K/000481/2017) SAILAKSHMI MENON(K/1518/2021) AASHI K. SHAJAN(K/003854/2023) MINZA FATHIMA SALIM M.(K/2803/2024) BINITHA MARIA THOMAS(K/1389/2025) KEZIL THOTTUKADAVIL CHERIAN(K/415/2025) THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 Tr.PC 109/25 2025:KER:24957 O R D E R (Dated this the 17th day of March 2025) The petitioner is the wife of the respondent. She has filed this Petition with a prayer to transfer O.P(Div.) No.1 of 2024, pending before the Family Court, Pathanamthitta to the Family Court, Punalur. 2. The marriage between the petitioner and the respondent was solemnised on 1.11.2021, in accordance with Christian religious rites and ceremonies. Soon after the marriage, the respondent ill-treated the petitioner and she was deserted by him. Hence, the petitioner filed O.P.No.95 of 2024 before the Family Court, Punalur, for restitution of conjugal rights and O.P.(Others) No.78 of 2024, seeking return of gold ornaments and M.C.No.17 of 2024 claiming maintenance, before the same court. 3. It is submitted that after a series of proceedings, O.P. 3 Tr.PC 109/25 2025:KER:24957 (Div.) No.1 of 2024, filed by the respondent, was posted to 01.03.2025 for report of the Commissioner. 4. The petitioner is working as a temporary teacher at Thiruvananthapuram. She submits that she has to travel more than 110 Kms to the Family Court, Pathanamthitta, from her workplace, whereas the distance to the Family Court, Punalur is less than 5 kms. from her residential house at Vettithitta. Hence, she seeks a transfer of the O.P. No.1 of 2024 to be tried along with the Original Petitions filed by her pending before the Family Court, Punalur. 5. The respondent entered appearance and filed a counter affidavit wherein it is contended that the Transfer Petition filed by the petitioner is only to delay the proceedings in the Original Petition filed by him and hence, prayed for dismissal of the Transfer Petition. 6. The Apex Court in Sumitha Singh v. Kumar Sanjay 4 Tr.PC 109/25 2025:KER:24957 and another [(2001)10 SCC 41], 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)] held that, in matrimonial disputes, the prior consideration is to the convenience of the wife and in such cases the transfer has been effected. 7. Moreover, the residential house of the petitioner is at a distance of less than 5 kms. from the court. So, if the abovesaid O.P. is transferred to the Family Court, Punalur, she can stay at her house at Vettithitta and attend the cases at Punalur. Therefore, considering the convenience of the petitioner to attend the proceedings in the Family Court, Punalur from her residential house at Vettithitta and in the light of law laid down by the Hon’ble Supreme Court in the afore cited decisions, I am inclined to transfer O.P.(Div.) No.1 of 2024, pending before the Family 5 Tr.PC 109/25 2025:KER:24957 Court, Pathanamthitta to the Family Court, Punalur, to be tried along with O.P.No.95 of 2024, O.P.(Others) No.78 of 2024 and M.C.No.17 of 2024. In the result, this Tr.P.C. is allowed, O.P.(Div.) No.1 of 2024, pending before the Family Court, Pathanamthitta, is withdrawn and transferred to the Family Court, Punalur. The Family Court, Pathanamthitta, shall immediately transfer the records to the Family Court, Punalur, and the Family Court, Punalur shall, upon receipt of the records, dispose of the case in accordance with law. The parties shall appear before the Family Court, Punalur on 5.5.2025. Sd/- BASANT BALAJI JUDGE dl/ 6 Tr.PC 109/25 2025:KER:24957 APPENDIX OF TR.P(C) 109/2025 PETITIONER ANNEXURES Annexure 1 A TRUE COPY OF THE PETITION DATED 03.01.2024 IN O.P (DIV.) NO.1 /24 ON THE FILE OF THE FAMILY COURT, PATHANAMTHITTA Annexure 2 A TRUE COPY OF THE PETITION DATED 18.01.2024 IN O.P NO.95 /24 ON THE FILE OF THE FAMILY COURT, PUNALUR RESPONDENT ANNEXURES Annexure R1(a) The true copy of the judgment dated 28.11.2024 in Mat.Appeal no.984/2024 of this Hon’ble Court