IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN, J
BABISHA BABU – Appellant
Versus
GOKULNATH KADAVATH – Respondent
| Table of Content |
|---|
| 1. transfer petition initiation and conditions. (Para 1 , 2) |
| 2. arguments pertaining to transfer petition considerations. (Para 3 , 4 , 5 , 6) |
JUDGMENT
The petitioner wife seeks transfer of O.P.No.652 of
2025, filed by the respondent before the Family Court, Malappuram, seeking a decree of divorce, to the Family Court, Vadakara.
2. The petitioner states that she is permanently residing at Vadakara in Kozhikode district and she has to travel more than 100 kilometers to reach the Family Court, Malappuram to contest the case and there is none in her family to assist or accompany her. It is further stated that she is presently employed in Bengaluru.
3. Heard Sri. Rishi Varma T.R., the learned counsel for the petitioner and Sri. K. Arjun Venugopal, the learned counsel for the respondent.
4. It is submitted by the learned counsel for the respondent that the convenience of the wife is not the paramount consideration in an application for transfer filed under Section 24 of the Code of Civil Procedure . The learned counsel relied on the decision of the High Court of Madhya Pradesh at Jabalpur in Smt. Ekta Vaish v. Deepak Kuchbandiya , [Neutral citation No. 2026 : MPHC - JBP :
14249
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