AISWARYA P. RAVEENDRAN v. VISHNU KRISHNA

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Viju Abraham
Judgment Date: 2024-07-31
Court Decision / Holding: Transfer petitions (Civil) are allowed as above. Transfer of OP 277/24, OP 36/24 and OP(OTHERS) 314/24 from the Family Court, Mavelikkara to the Family Court, Kottayam at Ettumanoor for trial and disposal.
Final Disposition: Transfer petitions allowed

Parties to the Case

Appellants / Petitioners

AISWARYA P. RAVEENDRAN

Respondents

VISHNU KRISHNA

Legal Representation & Advocates

Counsels for Petitioners

• A.K. Haridas

Counsels for Respondents

• A.K. Haridas

Case Synopsis & Summary

These Transfer Petitions (Civil) were heard together by Justice Viju Abraham on 31 July 2024, seeking transfer of three family-court proceedings from Mavelikkara to Ettumanoor (Kottayam). AISWARYA P. RAVEENDRAN, the petitioner, contends that she resides very close to the Family Court at Ettumanoor and finds it difficult to travel to Mavelikkara for contesting the matters: OP 277/2024 (dissolution of marriage), OP 36/2024 (money recovery), and OP(Others) 314/2024 (money suit). The respondent Vishnu Krishna did not appear despite service; no counter-arguments are recorded. The petitioner relies on established principles that a wife’s convenience is of paramount importance when considering transfer of cases, citing leading Supreme Court decisions such as Sumita Singh v. Kumar Sanjay and others (AIR 2002 SC 396), Mangla Patil Kale v. Sanjeev Kumar Kale (2003) 10 SCC 280, Aishwarya v. Saravana Karthik Sha (2022 (4) KLT OnLine 1020 (SC)) and Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi (2005 (1) KLT OnLine 1169 (SC)). On this basis, the court transfers all three petitions from the Family Court, Mavelikkara, to the Family Court at Ettumanoor for trial and disposal. The transfer petitions are allowed and the orders are issued on the same day.

Legal Doctrines & Maxims

Convenience of the wife is of paramount importance in transfer of cases.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that she resides very near to the Family Court at Ettumanoor and faces difficulty traveling to Mavelikkara for contesting the three matters (OP 277/24, OP 36/24, and OP(OTHERS) 314/24). She relies on the settled principle that the convenience of the wife is of paramount importance in transfer petitions, citing Sumita Singh v. Kumar Sanjay and others, Mangla Patil Kale v. Sanjeev Kumar Kale, Aishwarya v. Saravana Karthik Sha, and Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi. On these grounds, she seeks transfer of the cases to the Family Court, Ettumanoor, for trial and disposal.

Contentions of Respondents

There is no appearance for the respondent; no arguments are recorded due to lack of representation.

Cited Precedents (4)

Case Name	Citation	Treatment	Explanation
Sumita Singh v. Kumar Sanjay and another	AIR 2002 SC 396	Positive	Cited as settled law establishing that the convenience of the wife is of paramount importance in transfer of cases.
Mangla Patil Kale v. Sanjeev Kumar Kale	(2003) 10 SCC 280	Positive	Cited in support of the same principle about convenience in transfer petitions.
Aishwarya v. Saravana Karthik Sha	2022 (4) KLT OnLine 1020 (SC)	Positive	Cited as authority endorsing the consideration of convenience in transfers.
Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi	2005 (1) KLT OnLine 1169(SC)	Positive	Cited to reinforce the principle of making transfer decisions in light of the petitioner’s convenience.

Extracted Judgment Text

Exact text extracted from official judgment records.

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE VIJU ABRAHAM`** ``` WEDNESDAY, THE 31[ST] DAY OF JULY 2024 / 9TH SRAVANA, 1946 ``` ``` TR.P(C) NO. 460 OF 2024 ``` ``` AGAINST THE ORDER/JUDGMENT DATED IN OP NO.277 OF 2024 OF FAMILY ``` ## **`COURT, MAVELIKKARA`** ## **`PETITIONER/RESPONDENT:`** ``` AISWARYA P. RAVEENDRAN AGED 26 YEARS D/O P.N. RAVEENDRAN, PDIKKAKUDIYIL HOUSE, VETTIMUKAL .P.O., KOTTAYAM TALUK, KOTTAYAM, PIN - 686631 ``` ``` BY ADV A.K.HARIDAS ``` ## **`RESPONDENT/PETITIONER:`** ``` VISHNU KRISHNA AGED 30 YEARS S/O KRISHNADAS T., KADAKAMPALLIL HOUSE,CHERIYANAD P.O., CHEGANOOR-, PIN - 689511 ``` ``` THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31.07.2024, ALONG WITH Tr.P(C).461/2024, 468/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` Tr.P(C) Nos. 460, 461 & 468 of 2024 : 2 : ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE VIJU ABRAHAM`** ``` WEDNESDAY, THE 31[ST] DAY OF JULY 2024 / 9TH SRAVANA, 1946 TR.P(C) NO. 461 OF 2024 ``` ``` AGAINST THE ORDER/JUDGMENT DATED IN OP NO.36 OF 2024 OF FAMILY ``` ## **`COURT, MAVELIKKARA`** ## **`PETITIONER/RESPONDENT:`** ``` AISWARYA P. RAVEENDRAN AGED 26 YEARS D/O P.N. RAVEENDRAN, PDIKKAKUDIYIL HOUSE, VETTIMUKAL .P.O., KOTTAYAM TALUK, KOTTAYAM, PIN - 686631 BY ADV A.K.HARIDAS ``` ## **`RESPONDENT/PETITIONER:`** ``` VISHNU KRISHNA AGED 30 YEARS ``` ``` S/O KRISHNADAS T., KADAKAMPALLIL HOUSE,CHERIYANAD P.O., CHEGANOOR, PIN - 689511 ``` ``` THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31.07.2024, ALONG WITH Tr.P(C) NOS.460/2024 AND 468/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` Tr.P(C) Nos. 460, 461 & 468 of 2024 : 3 : ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE VIJU ABRAHAM`** ``` WEDNESDAY, THE 31[ST] DAY OF JULY 2024 / 9TH SRAVANA, 1946 TR.P(C) NO. 468 OF 2024 ``` ``` AGAINST THE ORDER/JUDGMENT DATED IN OP(OTHERS) NO.314 OF 2024 OF FAMILY COURT, MAVELIKKARA ``` ## **`PETITIONER/RESPONDENTS:`** - **`1 AISWARYA P. RAVEENDRAN AGED 26 YEARS`** ``` D/O P.N. RAVEENDRAN, PDIKKAKUDIYIL HOUSE, VETTIMUKAL .P.O., KOTTAYAM TALUK, KOTTAYAM, PIN - 686631 2P.N. RAVEENDRAN ``` - **`, PADIKKAKUDIYIL HOUSE, VETTIMUKAL .P.O., KOTTAYAM TALUK, KOTTAYAM, PIN - 686631`** ``` BY ADV A.K.HARIDAS ``` ## **`RESPONDENT/PETITIONER:`** ``` VISHNU KRISHNA AGED 30 YEARS ``` ``` S/O KRISHNADAS T., KADAKAMPALLIL HOUSE,CHERIYANAD P.O., CHEGANOOR, PIN - 689511 ``` ``` THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31.07.2024, ALONG WITH Tr.P(C) NOS.460/2024 AND 461/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` Tr.P(C) Nos. 460, 461 & 468 of 2024 : 4 : ## **VIJU ABRAHAM , J. =========================== Tr.P(C) Nos. 460, 461 & 468 of 2024 ============================ Dated this the 31[st] day of July, 2024** ## **ORDER** Tr.P(C) No.460 of 2024 is filed seeking transfer of OP No.277/2024 filed by the respondent seeking dissolution of marriage, whereas in Tr.P(C) No.461 of 2024 petitioner seeks transfer of OP No.36 of 2024, a petition filed by the petitioner seeking recovery of money, and Tr.P(C) No.468 of 2024 is filed seeking transfer of OP (Others) No.314 of 2024 which is a suit for money filed by the respondent against the petitioner and her father, all pending before the Family Court, Mavelikkara. Petitioner seeks for transfer of the same to Family Court, Kottayam at Ettumanoor. 2. The specific contention of the petitioner is that she is residing very near to the Family Court, Ettumanoor, and she is finding it difficult to travel all the way to Family Court at Mavelikkara for contest of the cases. 3. Though notice was issued to the respondent in all these transfer petitions there is no appearance on his behalf. 4. Admittedly petitioner is residing very near to the Family Court, Ettumanoor and she is finding it difficult to travel all the way to Family Court, Mavelikkara for conducting the cases. Taking into Tr.P(C) Nos. 460, 461 & 468 of 2024 : 5 : consideration the settled law that the convenience of the wife is of paramount importance while considering an application for transfer of the case as held by the Apex Court in **Sumita Singh v. Kumar Sanjay and another, AIR 2002 SC 396, Mangla Patil Kale v. Sanjeev Kumar Kale, (2003) 10 SCC 280, Aishwarya v. Saravana Karthik Sha, 2022 (4) KLT OnLine 1020 (SC)** and **Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi, 2005 (1) KLT OnLine 1169(SC)** , I am inclined to pass an order transferring O.P. Nos.277, 36 & 314 of 2024 on the file of the Family Court, Mavelikkara to the Family Court, Kottayam at Ettumanoor for trial and disposal. Transfer petitions (Civil) are allowed as above. Sd/- **VIJU ABRAHAM JUDGE** sbk/- Tr.P(C) Nos. 460, 461 & 468 of 2024 : 6 : ## **`APPENDIX OF TR.P(C) 461/2024`** ``` PETITIONER ANNEXURES ``` ``` Annexure A1THE TRUE COPY OF THE ABOVE O.P.36/24 OF FAMILY COURT, MAVELIKARA ``` Tr.P(C) Nos. 460, 461 & 468 of 2024 : 7 : ## **`APPENDIX OF TR.P(C) 468/2024`** ``` PETITIONER ANNEXURES ``` ``` Annexure A1THE TRUE COPY OF THE ABOVE O.P.(OTHERS) 314/24 OF FAMILY COURT, MAVELIKARA ``` Tr.P(C) Nos. 460, 461 & 468 of 2024 : 8 : ## **`APPENDIX OF TR.P(C) 460/2024`** ``` PETITIONER ANNEXURES ``` ``` Annexure A1THE TRUE COPY OF THE ABOVE O.P.277/24 OF FAMILY COURT, MAVELIKARA ```