1 TR pc 572/24 2025:KER:29520 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 TR.P(C) NO. 572 OF 2024 OP NO.1365 OF 2024 OF FAMILY COURT,THIRUVANANTHAPURAM PETITIONER/S: SHARY RAJAN AGED 42 YEARS D/O RAJAN, ANRA-44, THARAYILPARAMBIL HOUSE, AISWARYA NAGAR, IRUMBANAM P.O ERNAKULAM, PIN - 682309 BY ADV ANEESH K.R RESPONDENT/S: AMEER A K AGED 44 YEARS S/O ABOOBAKER, NEELUVEETIL HOUSE, KULANGARA LANE,PATTAM P.O THIRUVANANTHAPURAM, PIN - 695004 BY ADVS. PREEJA V.P. V.P.PRASANTH(K/605/2009) THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 TR pc 572/24 2025:KER:29520 O R D E R (Dated this the 26th day of March 2025) The petitioner is the wife of the respondent. The marriage between the petitioner and the respondent was solemnized on 29.09.2014 and two children were born out of the wedlock. 2. Due to mental and physical torture from the side of the respondent, the petitioner and children started living separately with the mother of the petitioner. While so, the respondent filed O.P.No.1365 of 2024 before the Family Court, Thiruvananthapuram, seeking dissolution of marriage. 3. The petitioner submits that the distance from her residence to the Family Court, Thiruvananthapuram, is 210 kms. and hence, she finds it difficult to the attend the proceedings before that Court. She is unemployed and not financially affluent to travel such a long distance to the Family Court, Thiruvananthapuram, moreover, she has to meet the financial needs of both her school going children. Hence, seeks the 3 TR pc 572/24 2025:KER:29520 transfer of O.P.No.1365 of 2024, pending before the Family Court, Thiruvananthapuram to the Family Court, Ernakulam. 4. The counsel for the respondent filed a counter affidavit denying the allegations and opposing the transfer of the case. 5. The Apex 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.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. Thus, considering the inconvenience of the petitioner to attend the Family Court, Thiruvananthapuram as well as 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, this Tr.P.C. is allowed. O.P.No.1365 of 2024 pending before the Family Court, Thiruvananthapuram, is 4 TR pc 572/24 2025:KER:29520 withdrawn and transferred to the Family Court, Ernakulam. The Family Court, Thiruvananthapuram, shall immediately transfer the records to the Family Court, Ernakulam, and the Family Court, Ernakulam shall, upon receipt of the records, and dispose of the case in accordance with law. The parties are directed to appear before the Family Court, Ernakulam on 3.5.2025. Sd/- BASANT BALAJI JUDGE dl/ 5 TR pc 572/24 2025:KER:29520 APPENDIX OF TR.P(C) 572/2024 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIR DATED 18/06/2024 IN CRIME NO 544/2024 OF HILL PALACE POLICE STATION UNDER SECTION 451,323,294(B) AND 506 OF IPC Annexure A3 THE TRUE COPY OF THE COMPLAINT DATED 17.07.2024 IS ADDRESSED TO DIRECTOR GENERAL OF POLICE, DISTRICT POLICE CHIEF ERNAKULAM AND STATION HOUSE OFFICER HILL PALACE POLICE STATION Annexure A4 THE TRUE COPY OF THE ORDER DATED 22.07.2024 IN WPC NO 26083/2024 Annexure A5 THE TRUE COPY OF THE NOTICE DATED 07.08.2024 IN OP NO 1365/2024 OF FAMILY COURT THIRUVANANTHAPURAM