IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI WEDNESDAY, THE 16^TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943 TR.P.(C) NO.303 OF 2021 (SEEKING TO TRANSFER OP(DIV.) 1446/2019 OF FAMILY COURT, MAVELIKKARA TO FAMILY COURT, KOTTARAKKARA)

PETITIONER/RESPONDENT IN THE O.P.:

ANSU BABU, AGED 29 YEARS, W/O.STEPHAN CHACKO, BIPIN HOUSE, MANJAPARA P.O., MALAPEROOR, KOTTUKKAL, KOTTARAKKARA, KOLLAM - 691 533.

BY ADV R.KRISHNAKUMAR (CHERTHALA) RESPONDENT/RESPONDENT IN THE O.P:

STEPHAN K. CHACKO, AGED 31 YEARS, S/O.C.G.CHACKO, JAIS VILLA, MATTOM SOUTH, KANNAMANGALAM VILLEGE, THATTARAMBALAM P.O., MAVELIKKARA, ALAPPUZHA DISTRICT - 690 103.

THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

(Dated: 16^th February, 2022)

The petitioner/wife seeks for transfer of O.P.

(Div.)No.1446 of 2019 pending before the Family Court, Mavelikkara to Family Court, Kottarakkara.

2. According to the petitioner, the marriage between the petitioner and respondent was solemnised on 10.07.2017 at St.John's Orthodox Church, Pathichira, Mavelikkara as per the religious rites and ceremonies. Due to marital discord, the parties are now living separately. Thereafter the petitioner filed O.P. (Div.)No.1590 of 2019 for divorce, O.P.(Others) No.1589 of 2019 for return of money and M.C.No.372 of 2019 for monthly maintenance under Section 125 Cr.P.C. All the three cases are pending before the Family Court, Kottarakkara. In the meanwhile, the respondent filed O.P.(Div.)No.1446 of 2019 before the Family Court, Mavelikkara.

3. The case of the petitioner is that, the respondent had filed the O.P.(Div.) No.1446 of 2019 before the Family Court, Mavelikkara to harass her, knowing fully aware that three cases filed by the petitioner are pending before the Family Court, Kottarakkara. She finds it difficult for her to attend the Family Court, Mavelikkara for contesting the case.

4. I am satisfied with the reasons for transfer stated by the petitioner. Moreover, as held by the Hon'ble Supreme Court in Sumita Singh v. Kumar Sanjay and another [(2001) 10 SCC 41], Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi [(2005) 12 SCC 237] and a plethora of other decisions, in transfer petitions arising from matrimonial cases, convenience of the wife should be preferred over that of the husband.

In the result, the Transfer Petition No.303 of 2021 is allowed. O.P.(Div.)No.1446 of 2019 pending before the Family Court, Mavelikkara is withdrawn and transferred to the Family Court, Kottarakkara. The Family Court, Mavelikkara is directed to transmit the records immediately to the Family Court, Kottarakkara. On receipt of the records, the Family Court Kottarakkara shall issue fresh notice to the parties and dispose of the case in accordance with law.

Transfer Petition is allowed.

Sd/-

BASANT BALAJI, JUDGE ss APPENDIX OF TR.P(C) 303/2021 PETITIONER ANNEXURES:

Appendix A1 A TRUE COPY OF THE PETITION, OP (DIV)

NO.1446/2019 OF FAMILY COURT, MAVELIKKARA DATED 23/11/2019.