1 TR PC 823/24 2025:KER:28147 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE 21ST DAY OF MARCH 2025 / 30TH PHALGUNA, 1946 TR.P(C) NO. 823 OF 2024 GOP NO.1828 OF 2024 OF FAMILY COURT,THRISSUR PETITIONER/S: 1 MUHSINA K. M, AGED 30 YEARS, W/O SALIH. P.S, C/O KALURAKKAL HOUSE, POOLAKUNDU DESOM, POST OTTAPALAM, OTTAPALAM VILLAGE,OTTAPALAM TALUK, PALAKKAD DISTRICT., PIN - 679101 2 MOIDUKUTTY.K,AGED 60 YEARS, KALURAKKAL HOUSE, POOLAKUNDU DESOM, POST OTTAPALAM, OTTAPALAM VILLAGE,OTTAPALAM TALUK, PALAKKAD DISTRICT., PIN - 679101 3 SAFIYA,AGED 58 YEARS, W/O MOIDUKUTTY.K, KALURAKKAL HOUSE, POOLAKUNDU DESOM, POST OTTAPALAM, OTTAPALAM VILLAGE,OTTAPALAM TALUK, PALAKKAD DISTRICT., PIN - 679101 4 MUHIBBU RAHMAN.K.M,AGED 23 YEARS, S/O MOIDUKUTTY.K, KALURAKKAL HOUSE, POOLAKUNDU DESOM, POST OTTAPALAM, OTTAPALAM VILLAGE,OTTAPALAM TALUK, PALAKKAD DISTRICT., PIN - 679101 5 RIYAS.K.M ,AGED 34 YEARS, S/O MOIDUKUTTY.K, KALURAKKAL HOUSE, POOLAKUNDU DESOM, POST OTTAPALAM, OTTAPALAM VILLAGE,OTTAPALAM TALUK, PALAKKAD DISTRICT., PIN - 679101 BY ADV K.RAVI (PARIYARATH) RESPONDENT/S: SALIH .P.S, AGED 35 YEARS , S/O SADHAKHATHULLA,POOKUMADATHIL PUDAVANNGOTTUNHALLIL HOUSE, VETTIKATTIRI DESOM, NEDUPURA VILLAGE, CHERUTHURUTHY POST, THALAPPILIY TALUK, THRISSUR DISTRICT., PIN - 679531 THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 TR PC 823/24 2025:KER:28147 ORDER (Dated this the 21st day of March 2025) The first petitioner is the wife, and the respondent herein is the husband. Other petitioners are in-laws of the respondent/husband. The petitioners seek the transfer of G.O.P.No.1828 of 2024, on the file of the Family Court,Thrissur to the Family Court, Ottappalam. 2. The marriage between the 1st petitioner and the respondent took place on 08.08.2010 as per lslamic religious customs and practices. Two children are born out of the wedlock. The ill treatment by the respondent led the 1st petitioner start living separately. The 1st petitioner preferred O.P.No.l09l of 2024 before the Family Court , Ottapalam, seeking return of gold ornaments. While so, the respondent filed G.O.P.No.1828 of 2024, before the Family 3 TR PC 823/24 2025:KER:28147 Court,Thrissur, against the wife and her family members. The 1st petitioner is depending on her parents, who are petitioner Nos.2 and 3. It is submitted that the Family Court, Ottappalam is too close to her residence, whereas the Family Court, Thrissur is far away and she is not in a position to travel all the way to the Family Court, Thrissur to attend the case. Moreover, the O.P.No.l09l of 2024 filed by her is pending before the Family Court, Ottappalam. Hence, she seeks a transfer of the above G.O.P. to be tried along with the said case. 3. Though notice was issued to the respondent, none appears. 4. 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 4 TR PC 823/24 2025:KER:28147 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, a 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, and particularly, when O.P.No.l09l of 2024 filed by the petitioner is pending before the Family Court, Ottappalam, I am inclined to allow this transfer petition. 5 TR PC 823/24 2025:KER:28147 In the result, this Tr.P.C. is allowed, withdrawing G.O.P.No.1828 of 2024, on the file of the Family Court,Thrissur, to the Family Court, Ottappalam, to be tried along with O.P.No.1091 of 2024. The Family Court, Thrissur, shall transfer the records to the Family Court, Ottappalam, immediately and upon receipt of the records, the Family Court, Ottappalam shall issue notice to the parties and dispose of the case in accordance with law. Sd/- BASANT BALAJI JUDGE dl/ 6 TR PC 823/24 2025:KER:28147 APPENDIX OF TR.P(C) 823/2024 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE ORIGINAL PETITION FILED AT THE INSTANCE OF THE 1ST PETITIONER BEFORE THE FAMILY COURT, OTTAPALAM, AS O.P.NO.1091/2024, DATED 09.12.24. Annexure 2 TRUE COPY OF I.A. NO. 2/2024 IN G.O.P. NO. 1828/2024, ON THE FILE OF THE FAMILY COURT THRISSUR, PREFERRED AT THE INSTANCE OF THE RESPONDENT AGAINST THE PETITIONERS, DATED 19.11.24.