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2026 Supreme(Online)(Ker) 19745

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SANDRA VINOJ – Appellant
Versus
ARUN C – Respondent
TR.P(CRL.) NO. 99 OF 2025 | MC NO.55 OF 2024



Advocates:
For the Appellants/Petitioners: SMT.M.SHAJNA
For the Respondents: SRI.MATHEW KURIAKOSE

The convenience of the wife is paramount in transfer petitions involving family matters.

Headnote:In this case, the court considered the transfer of M.C. No.55/2024 based on the convenience of the wife and children of the respondent. The court stated that while the shifting of the petitioners to Pala was temporary, their current residence warranted the transfer for justice (Paragraph 4). The court framed the issue of whether the request for transfer should be granted, emphasizing the convenience of the family involved (Paragraph 4). Ultimately, the court allowed the transfer, facilitating trial and disposal at the Family Court in Pala (Final verdict).

Table of Content
1. transfer petition context and facts. (Para 1 , 2)
2. convenience of the wife in transfer matters. (Para 4)

O R D E R

This transfer petition has been filed to transfer M.C. No.55/2024 pending on the files of the Family Court, Kalpetta to the Family Court, Pala.

2. The petitioners are the wife and children of the respondent. The petitioners have filed M.C. No.55/2024 seeking maintenance from the respondent while they were residing along with the parents of the first petitioner at Kalpetta. Since the parents of the first petitioner shifted to their hometown at Pala, they also shifted to Pala. It is in these circumstances that the transfer has been sought.

3. I have heard both sides.

4. It is settled that while considering transfer petitions involving family matters, the convenience of the wife has to be given predominance. Since the petitioners are now residing at Pala, I am of the view that the transfer as sought for is to be granted in the interest of justice. The learned counsel for the respondent submitted that the shifting of the petitioners to Pala is only temporary. Even if it is a temporary shifting, it is not in dispute that at present, they are at Pala. Hence, M.C. No.55/2024 pending on the files of the Family Court, Kalpetta is withdrawn and transferred to the Family Court, Pala for trial and disposal.

The transfer petition is allowed as above.

Sd/-

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