1 TR.P.(C) NO.831 OF 2024 2025:KER:19034 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI THURSDAY, THE 6TH DAY OF MARCH 2025 / 15TH PHALGUNA, 1946 TR.P.(C) NO.831 OF 2024 (AGAINST THE ORDER/JUDGMENT IN OP NO.2449 OF 2024 OF FAMILY COURT, THIRUVANANTHAPURAM) PETITIONER/RESPONDENT: DR.NIRANJANA, AGED 31 YEARS, D/O CHANDRASENAN, METOOR, PAYIKKUZHI MURI, OACHIRA VILLAGE, KARUNAGAPALLY TALUK, KOLLAM, PIN – 690 526 BY ADVS. SAYUJYA RADHAKRISHNAN K.R.RAJEEV KRISHNAN RESPONDENT/PETITIONER: ANAND RAJ P. R, AGED 33 YEARS, S/O RAJENDRAN, RAJENDRA SADANAM, KALLIYOOR P.O., KAKKAMOOLA MURI, LALLIYOOR VILLAGE, THIRUVANANTHAPURAM, PIN – 695 042 THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 6.1.2025, THE COURT ON 06.03.2025 DELIVERED THE FOLLOWING: 2 TR.P.(C) NO.831 OF 2024 2025:KER:19034 ORDER (Dated: 5th March, 2025) The petitioner is the wife of the respondent/husband. The marriage between the petitioner and the respondent was solemnized on 07.05.2017 and two male children were born in the wedlock. The petitioner faced repeated instances of physical and mental abuse. On 21.9.2024, she was forcibly evicted from the matrimonial home and compelled to take shelter at her parental home. Due to physical assault, the petitioner filed M.C.No.129 of 2024 before the Judicial First Class Magistrate Court, Karunagapally. As a counterblast, the respondent filed O.P.Nos.2145, 2202 & 2449 of 2024 before the Family Court, Thiruvananthapuram. 2. The petitioner and her children are residing with her parents. She is unable to travel to the Family Court, 3 TR.P.(C) NO.831 OF 2024 2025:KER:19034 Thiruvananthapuram, as she does not have income for that also. The petitioner resides in Oachira, which falls under the jurisdiction of the Chavara Family Court. Since the cases filed by the respondent are in Thiruvananthapuram, which is more than 100 kilometers away, it causes substantial inconvenience to the petitioner, who is forced to travel long distances to attend hearings, whereas the family court, Chavara, is near to her residence. Hence, she seeks transfer of the cases pending before the Family Court, Thiruvananthapuram, to the Family Court, Chavara. 3. Though notice was issued to the respondent, none appeared. 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 Satya Goel [(2000) 9 SCC 255], Vaishali Shridhar Jagtap v. 4 TR.P.(C) NO.831 OF 2024 2025:KER:19034 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 transfer has been effected. 5. Thus, in the light of the uncontroverted averments in the memorandum of transfer petition, taking note of the inconvenience of the petitioner and 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, Tr.P.C.No.831 of 2024 is allowed, withdrawing O.P.Nos.2145, 2202 & 2449 of 2024 pending before the Family Court, Thiruvananthapuram, and transferring it to the Family Court, Chavara. The Family Court, Thiruvananthapuram, shall transfer the records to 5 TR.P.(C) NO.831 OF 2024 2025:KER:19034 the Family Court, Chavara, immediately. Upon receipt of the records, the Family Court, Chavara, shall issue notice for the appearance of the parties. Sd/- BASANT BALAJI, JUDGE ss 6 TR.P.(C) NO.831 OF 2024 2025:KER:19034 APPENDIX OF TR.P(C) 831/2024 PETITIONER ANNEXURES Annexure.A1 A TRUE PHOTOCOPY OF INTERIM ORDER DT.04.12.2024 IN TR.P(C) NO.789 OF 2024 PASSED BY THIS HON’BLE COURT Annexure.A2 A TRUE PHOTOCOPY OF NOTICE DT.04.12.2024 IN O.P NO.2449 OF 2024 BEFORE THE HON’BLE FAMILY COURT, THIRUVANANTHAPURAM