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DIPANKAR DATTA, PRASHANT KUMAR MISHRA
Tanvi Vijayakumar Nair @ Dr. Tanvi. V. Nair – Appellant
Versus
Rahul S Kumar – Respondent
| Table of Content |
|---|
| 1. details of marriage and transfer petition (Para 2 , 3 , 4) |
| 2. lack of opposition from respondent (Para 5) |
| 3. inconvenience justifies transfer (Para 6) |
| 4. order for case transfer issued (Para 7) |
| 5. directions for future proceedings (Para 8 , 9 , 10 , 11) |
ORDER :
2. The marriage between the petitioner no.1, Tanvi Vijayakumar Nair @ Dr. Tanvi V. Nair, and the respondent, Rahul S. Kumar, was solemnized on 26th October, 2014 at Trivandrum, Kerala. A son named Vihaan Rahul (petitioner no.2 herein) was born on 26.11.2017 from the wedlock. However, the spouses have since drifted apart owing to differences arising by and between them.
4. On the multiple grounds urged in the petition, the petitioners have now sought for transfer of the aforesaid proceedings from the Family Court at Thiruvananthapuram, Kerala to the Family Court at Bengaluru, Karnataka. The primary reason is that the petitioner no.1 has moved to Bengaluru with her minor son for the purposes of work in order to meet their basic necessities.
6. We are also otherwise satisfied, having regard to the inconvenience the petitioner no.1 is likely to face if the proceedings were continued in the Family Court at Thiruvananth
The court emphasized the necessity of transferring proceedings for convenience and access to justice, particularly when the respondent does not contest the transfer.
The court prioritizes convenience and justice in transferring family law proceedings to a more appropriate venue.
The main legal point established is that the jurisdiction for filing a divorce petition is determined by the place of marriage or the respondent's residence at the time of filing, and the court may a....
The court allowed the transfer of divorce proceedings to ensure convenience and justice for the petitioner.
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