1. Transfer petition under Section 24, CPC to transfer divorce proceeding from Family Court, Ernakulam to Family Court, Ottappalam, for consolidation with wife's pending proceedings there. (Para 1 , 2 )
Back
Next 
2026 Supreme(Online)(Ker) 65401
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Dias, J
Athira S – Appellant
Versus
Rohit Raj – Respondent
TR.P(C) NO. 532 OF 2025
Advocates:
For the Appellants/Petitioners: P.U. Shailajan
For the Respondents: Ratheesh P.R.
For the Appellants/Petitioners: P.U. Shailajan
For the Respondents: Ratheesh P.R.
In matrimonial transfer petitions, the convenience of the wife is generally given preference to ensure access to justice, especially when other related proceedings are already pending in a different court, thereby facilitating consolidation and avoiding conflicting judgments.
Headnote:(A) Transfer of Matrimonial Proceedings - Convenience of Parties - The convenience of the woman and children is a primary and often determinative consideration when transferring matrimonial proceedings, although the court must balance the competing conveniences of both parties based on the specific circumstances of the case. (Para 5)
(B) Consolidation of Proceedings - Judicial Efficiency - Transferring related matrimonial cases to a single court is permissible to ensure consolidated trials, avoid conflicting decisions, and save judicial time. (Para 6)
Issues: Whether O.P.No.1133/2024 should be transferred from the Family Court, Ernakulam to the Family Court, Ottappalam for the convenience of the petitioner.
Legal Category Hierarchy
Table of Contents
2. Wife seeks transfer for consolidation and convenience; husband opposes, citing court of competent jurisdiction, last residence in Ernakulam, and father's health as power-of-attorney holder. (Para 2 , 3 )
3. In matrimonial transfer matters, convenience of the woman is an important, potentially determinative consideration; court must balance competing conveniences. Wife's convenience given due preference; transfer and consolidation avoid conflicting decisions. (Para 5 , 6 )
4. In transfer of matrimonial proceedings, the convenience of the woman is an important consideration and, in appropriate cases, may be determinative, balancing competing conveniences. (Para 5 )
5. Transfer petition allowed; O.P. No.1133/2024 transferred from Family Court, Ernakulam to Family Court, Ottappalam; parties liberty to seek consolidation and joint trial; records transmitted. (Para 1 , 6 )
6. What is the governing principle when transferring matrimonial proceedings?
While considering transfer of matrimonial proceedings, the convenience of the woman and children is an important consideration and, in appropriate cases, may be determinative, while the court balances competing conveniences. (Para 5 )
7. What factors support transferring a divorce petition to the wife's preferred court?
Relevant factors include the wife's age, pendency of related proceedings in the transferee court, the husband contesting those proceedings, and the husband being abroad; consolidation avoids conflicting decisions and saves judicial time. (Para 6 )
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.10.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.S.DIAS, J.
ORDER
This transfer petition is filed under Section 24 of the Code of Civil Procedure to transfer O.P.No.1133/2024 from the Family Court, Ernakulam to the Family Court, Ottappalam.
2. The petitioner states that she is the estranged wife of the respondent. They are issue-less. The petitioner has filed OP No.168/2025 (Annexure A2) and MC No.22/2025 (Annexure A3) before the Family Court, Ottappalam, against the respondent for a decree for return of gold ornaments and for an order of maintenance, respectively. The respondent has filed OP No.1133/2024 before the Family Court, Ernakulam against the petitioner for a decree of divorce. The respondent is contesting Annexures A2 and A3 proceedings before the Family Court, Ottappalam. Therefore, no inconvenience would be caused to the respondent in OP No.1133/2024 being transferred. Hence, this transfer petition.
3. The respondent has filed a counter affidavit, refuting the allegations in the transfer petition. He has contended that the Family Court, Ernakulam, is the court of competent jurisdiction, as the parties last resided together in Ernakulam. Moreover, the respondent is employed abroad. He is represented by his power of attorney holder, his father. His father is a senior citizen and is suffering from various ailments. He has undergone a cardiac procedure and has problems with his eye sight. It would be difficult for him to travel from Ernakulam to Ottappalam to contest Annexures A2 and A3 proceedings.Therefore, the transfer petition may be dismissed.
4. I have heard the learned Counsel for the petitioner and the learned Counsel for the respondent.
5. The principles governing the transfer of proceedings are well settled. The Hon’ble Supreme Court, in Sumita Singh v. Kumar Sanjay and another [2002 KHC 1889], Vaishali Shridhar Jagtap v. Shridhar Vishwanath Jagtap [2016 KHC 6489], Santhini v. Vijaya Venketesh [2017 (5) KHC 48] and N.C.V. Aishwarya v. A.S. Saravana Karthik Sha [2022 (5) KHC 185], and a whole line of precedents, has consistently held that, while considering the transfer of matrimonial proceedings, the convenience of the woman and children is an important consideration and, in appropriate cases, may be determinative. At the same time, the Court is required to balance the competing conveniences and inconveniences of the parties, having regard to the nature and circumstances of each case.
6. Applying the aforesaid principles and taking into consideration the fact that the petitioner is a young lady, who is aged 27 years, and that Annexures A2 and A3 proceedings are pending before the Family Court, Ottappalam and the respondent is contesting the proceedings before the said court and further that the respondent is abroad, I am of the definite view that it is the convenience of the petitioner that has to be given due preference, as she is a woman. Hence, I am satisfied that this is a fit case to exercise the discretionary power of this Court under Section 24 of the Code of Civil Procedure in favour of the petitioner, so that the proceedings can be consolidated, jointly tried, which would avoid conflicting decisions, and would save valuable judicial time.
(i) O.P. No.1133/2024 on the file of the the Family Court, Ernakulam is transferred to the Family Court, Ottappalam.
(ii) The parties are at liberty to move the Family Court, Ottappalam, and seek consolidation and joint trial of all the cases pending between them.
(iii) The Registry shall forward a copy of this order to the Family Court, Ernakulam, with instructions to forthwith transmit the records in O.P.No.1133/2024 to the Family Court, Ottappalam.
(iv) The Family Court, Ottappalam, shall, immediately upon receipt of the records in O.P.No.1133/2024, post the said case along with Annexures A2 and A3.
In the result, the transfer petition is allowed wi
