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2026 Supreme(Online)(Ker) 31194

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R. Ravi, J
Riya Thomas – Appellant
Versus
Jobinson Mathew – Respondent
TR.P(C) NO. 244 OF 2026|TR.P(C) NO. 249 OF 2026



Advocates:
For the Appellants/Petitioners: Mohammed Haroon A., Mohammed Ashraf, Akhil Vijay
For the Respondents: A. Muhammed Musthafa

The court may allow a transfer of matrimonial proceedings from one Family Court to another when the petitioner establishes genuine personal hardship and the respondent poses no objection to the transfer.

Headnote:The present petitions were filed seeking a transfer of custody and matrimonial proceedings from the Family Court, Ettumanoor, to the Family Court, Thiruvalla. The petitioner cited the difficulty in attending proceedings due to her responsibilities in caring for a young child and elderly parents. The court considered the petitioner's plea of genuine hardship and noted that the respondent did not object to the transfer of the proceedings. Consequently, the court weighed the balance of convenience for the parties involved in the litigation. The transfer petitions were allowed, and the matters were moved to the Family Court, Thiruvalla.

Table of Content
1. transfer of matrimonial cases based on convenience and lack of opposition. (Para 1 , 2)

JUDGMENT

The above Transfer Petitions have been filed seeking transfer of OP No.1660/2023 and OP No.1905/2022 pending before the Family Court, Kottayam, Ettumanoor to Family Court, Thiruvalla. The petitioner in both these cases is the wife of the respondent. The petitioner has stated that it is difficult for her to pursue the matter before the Ettumanoor Family Court since she has to look after the 7 year old child and her old parents. The respondent appeared through counsel and submitted that he has no objection in transferring the cases.

2. In the above circumstances, taking into account, the difficulties expressed by the petitioner and the submission of the counsel for the respondent, the Transfer Petitions are allowed. OP No.1660/2023 and OP No.1905/2022 pending before the Family Court, Kottayam, Ettumanoor stand transferred to the Family Court, Thiruvalla.

These Transfer Petitions are allowed.

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