IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 TR.P(C) NO. 144 OF 2025 OP NO.1724 OF 2024 OF FAMILY COURT, PALAKKAD PETITIONER: DR. ANN SARA ARUN AGED 37 YEARS W/O ARUN AVARACHAN NOW RESIDING AT THOMBRA HOUSE VETTIKKATTUPADI, PERUMBAVOOR VILLAGE KUNNATHUNADU TALUK, ERNAKULAM DISTRICT, PIN - 683542 BY ADVS. ALIAS M.CHERIAN K.M.RAPHY BRISTO S PARIYARAM MINNU DARWIN RESHMA RAJESH RESPONDENT: ARUN AVARACHAN AGED 37 YEARS S/O E.U AVARACHAN RESIDING AT ELAMANA HUSE VADAKKENCHERRY, MALABAR P.O PALAKKAD DISTRICT, PIN - 678683 THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: TR.PC 144/2025 -2- 2025:KER:29305 O R D E R (Dated this the 2 nd day of April, 2025) This Transfer Petition has been filed seeking a transfer of O.P No.1724 of 2024 pending before the Family Court, Palakkad, to the Family Court, Muvattupuzha. 2. The petitioner herein is the wife of the respondent. They got married on 19.08.2013 and two children were born to them. The respondent deserted the petitioner in the month of August 2023. Thereafter, the petitioner filed a petition for maintenance for her and her children as M.C No. 154 of 2023 before the Family Court, Muvattupuzha. The respondent filed petition OP. No.1200 of 2023 before the Family Court, Muvattupuzha, for getting custody of the children, and the custody of the children is given to the respondent, and presently, the children are with the respondent, and the petitioner is given custody of the children on holidays. The respondent also filed an OP No. TR.PC 144/2025 -3- 2025:KER:29305 1724 of 2024 before the Family Court, Palakkad. 3. The case of the petitioner is that she is a doctor in Ayurvedic Medicine, and is undergoing training, and therefore, she has no proper income. She is residing in a rented flat and is mainly depending on her father to meet her financial needs. Moreover, the Family Court, Palakkad, is 118 kms away from Muvattupuzha and she finds it difficult to travel such a long distance. Therefore, she seeks a transfer. 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 for an order of this Court. 5. 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 TR.PC 144/2025 -4- 2025:KER:29305 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. 6. Thus, in the light of the uncontroverted averments in the memorandum of transfer petition, considering the facts and circumstances of the case 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, O.P No.1724/2024 pending before the Family Court, Palakkad, is withdrawn and transferred to the Family Court, Muvattupuzha. The Family Court, Palakkad, TR.PC 144/2025 -5- 2025:KER:29305 shall immediately transfer the records to the Family Court, Muvattupuzha. On receipt of the records, the Family Court, Muvattupuzha, shall issue notice to the parties and dispose of the case in accordance with law. Sd/- BASANT BALAJI JUDGE JS TR.PC 144/2025 -6- 2025:KER:29305 APPENDIX OF TR.P(C) 144/2025 PETITIONER ANNEXURES Annexure A-1 TRUE COPY OF PETITION FOR MAINTENANCE MC NO. 154 OF 2023 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, MUVATTUPUZHA. Annexure A-2 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 31/07/2024 FILED BY THE RESPONDENT IN MC NO. 154 OF 2023 BEFORE THE FAMILY COURT, MUVATTUPUZHA. Annexure A-3 TRUE COPY OF THE NOTICE DATED 11/02/2025 IN OP.NO. 1724 OF 2024 ISSUED BY THE FAMILY COURT, PALAKKAD.