1 TRPC 745/24 2025:KER:23419 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI THURSDAY, THE 13TH DAY OF MARCH 2025 / 22ND PHALGUNA, 1946 TR.P(C) NO. 745 OF 2024 OP NO.142 OF 2023 OF FAMILY COURT, KALPETTA PETITIONER/S: LINJU PAULOSE AGED 33 YEARS D/O. PAULOSE, KALAMBUKKATTIL HOUSE, THOTTUMUKKAM P.O,KOZHIKODE TALUK, KOZHIKODE DISTRICT., PIN - 673639 BY ADVS. M.R.ANISON P.A.RINUSA DONA MARGRET P.R. ANAGHA RENJITH V.R. RESPONDENT/S: BIJIN K AGED 34 YEARS S/O. WILSON. KALLUVEETTIL HOUSE, AMBUKUTHI, EDAPETTI, NORTH KALPETTA.P.O., MUTTIL, WAYANAD DISTRICT., PIN - 673122 BY ADV Celine Joseph THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 TRPC 745/24 2025:KER:23419 O R D E R (Dated this the 13th day of March 2025) The petitioner and respondent are husband and wife. The petitioner/wife is the respondent in O.P No.142 of 2023, pending before the Family Court, Kalpetta. 2. The marriage between the petitioner and the respondent was solemnized on 09.04.2018, at St.George Church, Wayanad. A boy child was born out of the wedlock. Later, the respondent got job at Israel and left India. The petitioner is working as a Staff nurse. When the marital relationship between them got strained, the respondent, through his power of attorney holder, filed O.P. No.142 of 2023 before Family Court, Kalpetta, for divorce under Section 10(1)(ix) and (x) of the Indian Divorce Act. The petitioner/wife also filed O.P. No.1773 of 2024 before the Family Court, Kozhikode for divorce. 3. The case of the petitioner is that the distance to the Family Court, Kalpetta from her residence is nearly 72 kms and 3 TRPC 745/24 2025:KER:23419 she has to carry her child along with her all the way. Moreover, the divorce case filed by her is already pending before the Family Court, Kozhikode. Hence, she seeks a transfer of the said O.P. filed by the respondent from the Family Court, Kalpetta to the Family Court, Kozhikode. 4. Though the counsel for the respondent appeared, no counter seems filed. 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 pendency of the O.P. before the Family Court, Kozhikode and in the light of the uncontroverted averments in the memorandum of Transfer Petition as well as the 4 TRPC 745/24 2025:KER:23419 law laid down by the Hon’ble Supreme Court in the afore- cited decisions, I am inclined to transfer O.P.No.142 of 2023 pending before the Family Court, Kalpetta to the Family Court, Kozhikode, to be tried along with O.P No.1773 of 2024. In the result, this Tr.P.C. is allowed, O.P.(C) No.142 of 2023 pending before the Family Court, Kalpetta, is withdrawn and transferred to the Family Court, Kozhikode. The Family Court, Kalpetta, shall immediately transfer the records to the Family Court, Kozhikode, and the Family Court, Kozhikode shall, upon receipt of the records, dispose of the case in accordance with law. The parties shall appear before the Family Court, Kozhikode on 21.4.2025. Sd/- BASANT BALAJI JUDGE dl/ 5 TRPC 745/24 2025:KER:23419 APPENDIX OF TR.P(C) 745/2024 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE O.P.NO.142/2023 FILED BY THE RESPONDENT DATED 20.03.2023 ON THE FILES OF FAMILY COURT KALPETTA, WAYANAD DISTRICT. Annexure A2 TRUE COPY OF THE PROCEEDINGS IN O.P.NO.142/2023 BEFORE THE HON’BLE FAMILY COURT KALPETTA OBTAINED FROM E-COURT SERVICES Annexure A3 TRUE COPY OF THE O.P.NO.1773/2024 FILED BY THE PETITIONER BEFORE THE HON’BLE FAMILY COURT, KOZHIKODE Annexure A4 TRUE COPY OF PROCEEDINGS IN O.P.NO.1773/2024 ON THE FILES OF FAMILY COURT KOZHIKODE TAKEN FROM THE E-COURT PORTAL