High CourtsSingle Bench(2026) 09 KL CK 3127

Hazel Rebecca Varghese vs Arun George Varkey

High Court Of Kerala, Ernakulam · Decided on 22 September 2026

HON’BLE JUDGES
Mohammed Nias C.P., J
CASE NUMBER
TR.P(C) NO. 487 OF 2026

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Judgment

9 paragraphs · 299 words

ORDER

This petition is filed by the wife seeking transfer of O.P.No.963 of 2026 (Annexure A1 proceeding) instituted by the husband for divorce before the Family Court, Thrissur, to the Family Court, Thiruvalla.

2.

It is submitted that the petitioner is working as a Dermatologist at Thiruvalla. It is also submitted that the petitioner's husband, who is also a Doctor, is working in KMC Hospital, Chengannur, which is only 9 kilometres from Thiruvalla.

3.

The Hon'ble Supreme Court has time and again held that it is the convenience of women and children that has to be looked into while ordering transfer of the case from one court to another, particularly in matrimonial disputes. [See the judgments in Sumitha Sing V. Kumar Sanjay and another [2002 KHC 1889], Mona Aresh Goel V. Aresh Satya Goel [2000 KHC 1835], Vaishali Shridhar Jagtap V. Shridhar Vishwanath Jagtap [2016 KHC 6489], Santhini V. Vijaya Venkatesh [2017 (5) KHC 48] and Aiswarya N.C.V. v. A.S. Saravana Karthik Sha [2022 (5) KHC 185(SC)].

4.

Given the above and taking note of the fact that the wife is working at Thiruvalla and the respondent/husband is also working at Chengannur, it will be in the interest of both parties that the case is transferred to the Family Court, Thiruvalla.

The transfer petition is allowed as follows:-

(I)

O.P.No.963 of 2026 (Annexure A1 proceeding) is transferred from the Family Court, Thrissur, to the Family Court, Thiruvalla.

(ii)

The Registry shall forward a copy of this order to the Family Court, Thrissur, with instructions to forthwith transmit the records in O.P.No.963 of 2026 (Annexure A1 proceeding) to the Family Court, Thiruvalla.

(iii)

The Family Court, Thiruvalla, shall, immediately on the receipt of the records in O.P.No.963 of 2026 (Annexure A1 proceeding), issue notice to the parties for their appearance.