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HIGH COURT OF KERALA
K.HARILAL, J
TULASI.R – Appellant
Versus
RENJITH.R. – Respondent
Tr.P(C) 335 2013
Transfer - Family Law - Family Court Act, Section 21 - The court prioritized the convenience of the wife in transferring the case based on existing precedents recognizing hardships in travel as valid grounds for such transfers.
Fact of the Case:
The petitioner, the wife, sought to transfer a marriage dissolution case from Family Court Thodupuzha to Pathanamthitta due to travel difficulties and lack of support, initiating legal proceedings for return of gold ornaments and ancillary reliefs.
Finding of the Court:
The court noted the significant inconvenience posed by the long travel required for the petitioner to appear in Thodupuzha, referencing previous rulings that favored the wife's convenience in such cases. The transfer was granted to alleviate undue hardship.
Issues: Whether the case should be transferred to another Family Court based on the wife's claim of inconvenience and hardship in attending the original jurisdiction.
Ratio Decidendi: The court determined that the wife's difficulties in travelling to the designated Family Court warranted a transfer, aligning with precedents prioritizing the convenience of the wife in marital disputes.
Final Decision: The Transfer Petition is allowed; the case is transferred to Family Court, Pathanamthitta.
O R D E R
The petitioner is the wife of the respondent herein. Their marital relationship has become strained and culminated into legal proceedings before the Family Court. The respondent filed O.P. (HM) No.316 of 2013, before the Family Court, Thodupuzha, for dissolution of marriage. The petitioner filed Original Petition No.668 of 2013 before the Family Court, Pathanamthitta against the respondent for return of gold ornaments and for other ancillary reliefs. The petitioner further submits that she finds it difficult to travel a long distance to reach Thodupuzha to appear before the Family Court , in Original Petition (HM)No.316 of 2013, and there is nobody in her family to accompany her to Thodupuzha. So, she is unable to undertake such a hazardous journey having a distance of 220 Kms. and hence, prayed for an order, transferring O.P.(HM)No.316 of 2013 from the Family Court, Thodupuzha to the Family Court, Pathanamthitta.
2. InMangala Patil Kale v. Sanjeev Kumar Kale ( [2003] 10 SCC 280 ), the Apex Court held that in the matter of transferring the Family Court cases, the convenience of the wife must be given preference. Further inAmita Shah v. Virenderlal Shah( [2003] 10 SCC 609 ) the Apex Court again held that wife's lack of companionship for travelling to Family Court is a sufficient reason to transfer the case at the convenience of the wife.
3. Having regard to the inconvenience and hardship highlighted in this Original Petition, in the light of the decisions referred above, this Court is inclined to allow the Transfer Petition, as prayed for. Consequently, O.P.(HM) No.316 of 2013 of Family Court, Thodupuzha will stand transferred to the Family Court, Pathanamthitta. The Family Court, Pathanamthitta shall issue notice, intimating date of appearance to both parties.
This Transfer Petition (Civil) Petition is allowed accordingly.
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