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2024 Supreme(Online)(Ker) 72726
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
Ashna Diljit Thomas – Appellant
Versus
James Jacob – Respondent
TR.P(C) NO. 334 OF 2024
For the Appellants/Petitioners: Mohan Jacob George, P.V. Parvathy, Reena Thomas, Nigi George, Ananthu V. Lal, Harisankar S.
For the Respondents: Vishnu Das, Sruthi Das, Majesh P.B., Maria Neethu T.J, Anagha A.S., Gini George
In matrimonial transfer petitions, the convenience of the wife is given predominance when determining the appropriate court for trial and disposal of the case.
Headnote:(A) Transfer Petition - Matrimonial Disputes - Convenience of the wife - In proceedings relating to matrimonial disputes, the convenience of the wife is generally given predominance when deciding the venue of the trial. (Para 3)
Issues: Whether the divorce petition should be transferred from the Family Court, Pala to the Family Court, Thiruvananthapuram based on the wife's convenience.
| Table of Content |
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| 1. request for transfer of matrimonial proceedings to a different jurisdiction. (Para 1) |
| 2. predominance of wife's convenience in matrimonial transfer petitions. (Para 2 , 3) |
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O R D E R
This transfer petition has been filed to transfer O.P.(Div)No.914/2023 pending before the Family Court, Pala to the Family Court, Thiruvananthapuram.
2. I have heard the learned counsel for the petitioner as well as the learned counsel for the respondent.
3. The petitioner is the wife and the respondent is the husband. O.P.(Div)No.914/2023 has been filed by the respondent for divorce. The petitioner is a native of Thiruvananthapuram. The father of the petitioner is a cancer and heart patient, as evidenced from Ext.P3 series. According to the petitioner, in these circumstances, she cannot travel all the way from Thiruvananthapuram to Pala. It is in these circumstances, the transfer petition has been filed. Opposing the transfer petition, the respondent filed a counter affidavit. It is settled that while considering the transfer petition involving matrimonial disputes, the convenience of the wife has to be given predominance.
Hence, this transfer petition is allowed. O.P.(Div)No.914/2023 pending before the Family Court, Pala is withdrawn and transferred to the Family Court, Thiruvananthapuram for trial and disposal.
