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2025 DIGILAW 648 (KER)

VIJAYAKUMAR M. s/o VELAYUDHAN NAIR v. SATHIDEVI A. L S/o APPUTTI NAIR

2025-03-19

BASANT BALAJI

body2025
ORDER : (BASANT BALAJI, J.) [Tr.P(C) Nos.628/2024, 645/2024, 761/2024 and 764/2024] The petitioner in Tr.P.C.Nos.628 and 645 of 2024 is the husband and in Tr.P.C.Nos.761 and 764 of 2024 is the wife. (In all these Petitions, since the parties are one and the same, heard together and a common order is passed.) 2. Tr.P.C. No.761 of 2024 is taken as a leading case for convenience and the facts are as follows: The marriage between the parties was solemnized on 11.2.1996 and two children are born out of their wedlock. The children are under the care of the wife. The husband is working abroad. When the marital relationship between the parties got strained, the wife filed O.P.No.162 of 2023 before the Family Court, Vadakara seeking divorce and O.P.No.424 of 2023 before the Family Court, Malappuram for partition of joint property belonging to the parties. O.P.No.434 of 2023, which is a divorce petition filed by the husband is pending before the Family Court, Kozhikode. 3. Tr.P.C.Nos.764 and 761 of 2024 are filed by the wife to transfer O.P.No.434 of 2023 pending before the Family Court, Kozhikode to the Family Court, Vadakara and O.P.No.424 of 2023 pending before the Family Court, Malappuram to the Family Court, Vadakara respectively. The husband filed Tr.P.C.Nos.628 and 645 of 2024, to transfer O.P. (Div.) No.162 of 2023 from the Family court, Vadakara and O.P.No.434 of 2023 from the Family Court, Kozhikode to the Family Court, Malappuram. 4. Heard. 5. The petitioner contends that she is not in a position to travel from her residence at Vadakara to Malappuram for each posting, since the distance is more than 90 kms. and time for travel is around 3 hrs on one side. Moreover, she is suffering from age related health issues and there is nobody to accompany her. Hence, she wants transfer of the cases as mentioned above. 6. The husband, on the other hand, vehemently opposed to the transfer contending that both the parties are residents of Kozhikode. She filed one petition before the Family Court, Vadakara and another in Malappuram at her convenience. Out of the three cases, which arose between the parties, one is pending before the Family Court, Vadakara and another before the Family Court, Malappuram. Only one case, filed by the wife, is pending before the Family Court, Kozhikode and hence, he seeks the transfer of above cases. 7. Out of the three cases, which arose between the parties, one is pending before the Family Court, Vadakara and another before the Family Court, Malappuram. Only one case, filed by the wife, is pending before the Family Court, Kozhikode and hence, he seeks the transfer of above cases. 7. The Apex Court in Sumitha Singh v. Kumar Sanjay and another [(2001)10 SCC 41], Mona Aresh Goel V.Aresh Satya Goel[ (2000) 9 SCC 255 ] , Vaishali Shridhar Jagtap V.Sridahar Vishwanath Jagtap[AIR 2016 SC 3584 ] and Santhini V.Vijaya Venkatesh [2017 (4) KLT 415(SC)] held that, in matrimonial disputes, the prior consideration is to the convenience of the wife and in such cases the transfer has been effected. Thus, in the light of the law laid down by the Hon’ble Supreme Court in the afore cited decisions and considering the comparative hardship of the wife, I am inclined to dispose of these Transfer Petitions as follows: (i) Tr.P.C.Nos.628 of 2024 and 645 of 2024 are dismissed. (ii) Tr.P.C.Nos.761 and 764 of 2024 are allowed, transferring O.P.No.424 of 2023 from the Family Court, Malappuram and O.P.No.434 of 2023 from the Family Court, Kozhikode, to the Family Court, Vadakara. The transferor courts shall immediately transfer the records to the Family Court, Vadakara, and the Family Court, Vadakara shall, upon receipt of the records, dispose of the cases in accordance with law. The parties are directed to appear before the Family Court, Vadakara on 29.04.2025.