1 TR PC 779/24 2025:KER:29034 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. 779 OF 2024 TO TRANSFER OF OP NO.993 OF 2023 OF FAMILY COURT, MUVATTUPUZHA ARISING OUT OF THE ORDER IN OP NO.451 OF 2024 OF FAMILY COURT, THODUPUZHA PETITIONER/S: VIDYALAKSHMI P.J.,AGED 29 YEARS, D/O. JAGADEESHKUMAR PARAKKAL HOUSE, VAZHAKKULAM P.O MUVATTUPUZHA VILLAGE MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT, PIN - 686670 BY ADVS. ALIAS M.CHERIAN K.M.RAPHY BRISTO S PARIYARAM AMEERA JOJO MINNU DARWIN RESPONDENT/S: ABHIJITH C RAJ AGED 31 YEARS S/O. RAJU C.N CHELAMATTOM KUNNEL HOUSE VAZHITHALA P.O, PURAPPUZHA VILLAGE NEAR SANTHIGIRI COLLEGE THODUPUZHA TALUK, IDUKKI DISTRICT, PIN - 685583 BY ADV JACOB MATHEW V M THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 TR PC 779/24 2025:KER:29034 O R D E R (Dated this the 2nd day of April 2025) The petitioner and respondent are husband and wife. The marriage between the petitioner and the respondent was solemnized on 27.02.2020 and a girl child was born out of the wedlock. Due to mental and physical cruelty by the respondent, the parties started living separately. The child is under the care of mother/petitioner. 2. The respondent filed O.P.No.993 of 2023 (Annex.A1) before the Family Court, Muvattupuzha, for restitution of conjugal rights. Later, the respondent filed another O.P.No.451 of 2024, before the Family Court, Thodupuzha for passing a decree of divorce. 3. The case of the petitioner is that she finds it difficult to travel with the child to attend the case at the Family Court, Thodupuzha. Moreover, another petition filed by the 3 TR PC 779/24 2025:KER:29034 respondent is already pending before the Family Court, Muvattupuzha. Hence, she seeks transfer of O.P.No.451 of 2024 from the Family Court, Thodupuzha, to the Family Court, Muvattupuzha. 4. A counter affidavit is filed by the respondent contending that there is no case pending before the Family Court, Muvattupuzha, as the O.P.No.993 of 2023 was dismissed as not pressed. The respondent also contends that the grounds alleged by the petitioner for transferring the case are false and flimsy, and prayed for dismissal of the same. 5. Reply affidavit filed by the petitioner states that the Annex.A1 was pending before the Family Court at the time of filing this Transfer Petition and later, it was withdrawn by the respondent. However, O.P.No.228 of 2025 filed by her for permanent prohibitory injunction is pending before the Family Court, Muvattupuzha. The objection of the 4 TR PC 779/24 2025:KER:29034 respondent in transferring the case, is only on technical grounds and to harass the petitioner and her child. 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.No.228 of 2025 before the Family Court, Muvattupuzha and in the light of the law laid down by the Hon’ble Supreme Court in the afore- cited decisions, I am inclined to transfer O.P.No.451 of 2024 pending before the Family Court, Muvattupuzha to the Family Court, Thodupuzha, to be tried along with the O.P.No.228 of 2025. 5 TR PC 779/24 2025:KER:29034 In the result, this Tr.P.C. is allowed, O.P.(C) No.451 of 2023 pending before the Family Court, Thodupuzha, is withdrawn and transferred to the Family Court, Muvattupuzha. The Family Court, Thodupuzha, shall immediately transfer the records to the Family Court, Muvattupuzha, and the Family Court, Muvattupuzha shall, upon receipt of the records, dispose of the case in accordance with law. The parties are directed to appear before the Family Court, Muvattupuzha on 3.5.2025. Sd/- BASANT BALAJI JUDGE dl/ 6 TR PC 779/24 2025:KER:29034 APPENDIX OF TR.P(C) 779/2024 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF ORIGINAL PETITION DATED 17/10/2023 IN OP NO. 993 OF 2023 BEFORE THE FAMILY COURT, MUVATTUPUZHA Annexure A2 TRUE COPY OF NOTICE DATED 16/11/2024 IN O.P NO.451 OF 2024 ON THE FILE OF FAMILY COURT, THODUPUZHA RESPONDENT ANNEXURES Annexure-R1(a) True copy of the route details showing correct distance from petitioners residence to reach different Family Courts (Family Court, Thodupuzha and Family Court, Muvatupuzha through Google map Annexure-R1(b) True copy of the route details showing correct distance from the petitioners working bank to reach different Family Courts ie Family Court Thodupuzha and Family Court, Muvatupuzha through Google map Annexure-R1(c) True copy of the route details showing correct distance from the petitioners residence to petitioners working bank through Google map. Annexure-R1(d) True copy of the Judgment of dismissal of Annexure A-1 ( OP No. 993/2023 ) before the Family Court, Muvattupuzha. PETITIONER ANNEXURES Annexure-A3 A true copy of the Original Petition No. 228 of 2025 before the Family Court, Muvattupuzha