IN THE HIGH COURT OF KERALA AT ERNAKULAM
Valsala Nisha v. Rajesh Soman Nair
Dated this the 11th day of August 2020
Tr.P(C).No.216 OF 2020 OP 104/2020 OF FAMILY COURT, PATHANAMTHITTA
PETITIONER: VALSALA NISHA BY ADV. SRI. P. ANOOP (MULAVANA)
RESPONDENT: RAJESH SOMAN NAIR
Summary: High court held that Transfer Petition in matrimonial disputes while considering a transfer petition the paramount consideration is the convenience of the lady.
In matrimonial disputes, while considering a transfer petition the paramount consideration is the convenience of the lady. After considering the records it is evident that she is residing far away from the Family Court, Pathanamthitta, and no doubt it will be most inconvenient for her to appear before the Family Court, Pathanamthitta as she is contesting the case filed against her by the respondent.
Considering all the facts and circumstances involved in this case, I think that her request can be accepted as such and the case pending before the Family Court, Pathanamthitta can be transferred to the Family Court, Attingal as prayed by the petitioner. [Para 4]
Brief Facts of the Case:-
This petition is filed by the petitioner, who is the respondent in O.P.No.104/2020 pending before the Family Court, Pathanamthitta to transfer the case to the Family Court, Attingal.
The petitioner is a lady residing within the jurisdiction of the Family Court, Attingal and because of the marital dispute between herself and her husband she had preferred two cases against him and those cases are pending before the Family Court, Attingal.
Thereafter, the respondent has filed O.P.No.104/2020 through the power of attorney holder before the Family Court, Pathanamthitta. Since she is residing along with her minor child at her paternal house in Thiruvananthapuram District she finds it difficult to travel up to Pathanamthitta to contest the case filed against her by her husband. Hence, this petition to transfer the case to the Family Court, Attingal.
On relying upon all facts and circumstances Honourable Justice grant and accepted her request as per the prayer of petitioner and direct to transfer to the case to the Family Court, Attingal which has the pending case before the Family Court, Pathanamthitta.
THE HONOURABLE MRS. JUSTICE SHIRCY V.
