1 Tr PC 730 of 2024 2025:KER:23378 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. 730 OF 2024 TO TRANSFER OP NO.2570 OF 2023 OF FAMILY COURT,ERNAKULAM PETITIONER/S: PRAVEENA P NAIR AGED 51 YEARS D/O V.P NAIR, PRATHEEKSHA, PAZHAYAKODENGIL HOUSE THRITHALA, PULLASSERY P.O., PATTAMBI, PALAKKAD, PIN - 679307 BY ADVS. KEERTHI M. ARJUN RAJA P.C. RESPONDENT/S: P.K.V. JAYAKRISHNAN AGED 57 YEARS S/O PANKAJAKSHAKURUP, NEELAMBARI, CHERANELLOOR P.O., ERNAKULAM, PIN - 682034 THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 Tr PC 730 of 2024 2025:KER:23378 O R D E R (Dated this the 13th day of March 2025) The petitioner/wife is the respondent in O.P No.2570 of 2023, pending before the Family Court, Ernakulam. The marriage between the petitioner and the respondent was performed on 24.1.1994 as per Hindu rites and rituals and two children were born out of their wedlock. 2. Earlier, the respondent had filed O.P.Nos.25 of 2015, 26 of 2015 and 91 of 2015 for divorce, for return of gold ornaments and for permanent custody of the minor child respectively, before the Family Court, Ottappalam. The said Family court, as per common judgment, dismissed the O.P. for divorce and custody of the child but allowed the O.P. for return of gold ornaments in part. After dismissal of 1st Petition for divorce, the present O.P.No.2570 of 2023 was filed by the respondent under Section 13(i)(ia) of the 3 Tr PC 730 of 2024 2025:KER:23378 Hindu Marriage Act, before the Family Court, Ernakulam. 3. The petitioner submits that she is living with her age old parents at Pattambi, which is 120 Kms away from the Family Court, Ernakulam. It is difficult for her to travel from her house at Pattambi to attend the proceedings before the Family Court, Ernakulam as her parents require attention. Therefore, she seeks a transfer of O.P No.2570 of 2023 to the Family Court, Ottappalam. 4. Though notice issued from this Court was served on the respondent, none appears. 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 4 Tr PC 730 of 2024 2025:KER:23378 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. Accordingly, O.P No.2570 of 2023, pending before the Family Court, Ernakulam, is withdrawn and transferred to the Family Court, Ottappalam. The Family Court, Ernakulam, shall immediately transfer the records to the Family Court, Ottappalam, and the Family Court, Ottappalam 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 dl/ 5 Tr PC 730 of 2024 2025:KER:23378 APPENDIX OF TR.P(C) 730/2024 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE COMMON JUDGMENT DATED 28/09/2018 IN O.P. NO. 25/2025, O.P. NO. 26/2015 AND O.P. NO. 91/2015 ON THE FILES OF THE FAMILY COURT, OTTAPALAM Annexure A2 TRUE COPY OF THE PETITION FILED AS O.P. NO. 2570/2023 IN THE FAMILY COURT, ERNAKULAM DATED 30/11/2023