AI Structured Summary
Not yet generated for this judgment
Judgment
Tr.P(C) No. 384 of 2020 is filed by the respondent wife in O.P. No. 1325 of 2020 on the file of the Family Court, Ernakulam seeking transfer of the said O.P. to Family Court, Mavelikkara.
Tr.P.(C) No. 465 of 2020 is filed by the respondent husband in O.P. No. 545 of 2020 on the file of the Family Court, Mavelikkara seeking transfer of the said O.P. to Family Court, Ernakulam.
The petitioners are husband and wife. The wife has filed O.P. No. 545 of 2020 before the Family Court, Mavelikkara seeking restitution of conjugal rights. O.P. No. 1325 of 2020 is filed by the husband before the Family Court, Ernakulam seeking divorce.
It is submitted by the learned counsel for the petitioner in Tr.P. (C) No. 384 of 2020, wife, that the petitioner is residing with her mother at Mavelikkara and there is no one to accompany her to Ernakulam to defend her case before the Family Court, Ernakulam. Such being the case, the submission of the learned counsel for the petitioner wife is that it will be extremely difficult for the petitioner to appear before the Family Court, Ernakulam.
The learned counsel appearing for the husband has submitted that the wife is working at Ernakulam and it is convenient for her to attend the Family Court, Ernakulam.
It is well settled that in matrimonial disputes, while considering transfer petitions, the convenience of the wife is to be preferred over the convenience of the husband. (See Sumita Singh v. Kumar Sanjay (2002 KHC 1889), Sailaja V v. V. Koteswara Rao (2003 KHC 3105) and Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi ((2005) 12 SCC 237). When the factum of convenience of the parties is considered, it tilts in favour of the
wife. Considering all these facts and in the interests of justice, I find that O.P. No. 1325 of 2020 has to be transferred to the Family Court, Mavelikkara as prayed for by the wife.
Hence, Tr.P.(C) No. 384 of 2020 is allowed and O.P. No. 1325 of 2020 pending before the Family Court, Ernakulam is withdrawn and transferred to Family court, Mavelikkara. The learned Judge, Family Court, Ernakulam shall transmit the records after fixing a date for appearance of the parties before the Family Court, Mavelikkara.
Tr.P.(C) No. 465 of 2020 is dismissed.