IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 5^TH DAY OF AUGUST 2024 / 14TH SRAVANA, 1946 TR.P(C) NO. 429 OF 2024 OP NO.989 OF 2022 OF FAMILY COURT, ALAPPUZHA PETITIONER/RESPONDENT:

MEERAMOL, AGED 29 YEARS D/O. MOHANAN, PULIYAMPALLIYIL HOUSE, CHENGAMANADU.P.O., ALUVA, ERNAKULAM DIST., PIN - 683578 BY ADVS.

M.SHAJU PURUSHOTHAMAN K.S.RAJESH RESPONDENT/PETITIONER:

SURESH, AGED 34 YEARS S/O. SOMANPILLAI, VADAKKEPONPURATHU HOUSE, THAIKKATTUSSERY VILLAGE, POOCHAKKAL.P.O., CHERTHALA, ALAPUZHA DIST., PIN - 688526 BY ADVS.

ARAVIND S.S V.PRASANTH(K/693/2009)

THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

05.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

VIJU ABRAHAM, J.

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Tr.P.(C) No.429 of 2024 .................................................................

Dated this the 5^th day of August, 2024

ORDER

The above transfer petition is filed seeking transfer of O.P. No.989 of 2022 on the file of the Family Court, Alappuzha to the Family Court, Aluva.

2. Petitioner is the respondent in OP No.989 of 2022 filed by the respondent herein for divorce before the Family Court, Alappuzha. Petitioner is the wife of the respondent and there is a girl child in the wedlock. Petitioner submits that she is a native of Chengamanadu in Aluva Taluk which is about 90 kms away from the court where O.P.No.989 of 2022 is pending for trial and it is difficult for her to travel to Alappuzha to contest the case. It is contended that another petition filed as M.C.No.9 of 2024 filed by the petitioner claiming maintenance for the child is pending consideration before the Family Court, Aluva and that the Family Court, Aluva is 10 kms away from the place of residence of the petitioner.

3. Respondent entered appearance through counsel and opposed the application.

Taking into consideration the fact that the petitioner is residing at Chengamanadu in Aluva Taluk and further that another case filed by the petitioner as M.C.No.9 of 2024 is pending consideration before the Family Court, Aluva and also taking into consideration the settled law that the convenience of the wife is of paramount importance while considering an application for transfer of the case as held by the Apex Court in Sumita Singh v. Kumar Sanjay and another, AIR 2002 SC 396, Mangla Patil Kale v. Sanjeev Kumar Kale, (2003) 10 SCC 280, Aishwarya v. Saravana Karthik Sha, 2022 (4) KLT OnLine 1020 (SC) and Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi, 2005 (1) KLT OnLine 1169(SC), I am inclined to pass an order transferring O.P. No.989 of 2022 on the file of the Family Court, Alappuzha to the Family Court, Aluva for trial and disposal.

Transfer petition (Civil) is allowed as above.

Sd/-

VIJU ABRAHAM JUDGE cks APPENDIX OF TR.P(C) 429/2024 PETITIONER ANNEXURES Annexure 1 THE TRUE COPY OF O.P.989/2022 FILED BEFORE THE FAMILY COURT, ALPUZHA DT.17.9.2022 Annexure 2 THE TRUE COPY OF MC 9/2024 FILED BEFORE THE FAMILY COURT, ALUVA DT.14.2.2024