High Court of KeralaSingle Judge2020-09-18Transfer of Tr.P(C).231/2020 (O.P.36/2019) to F...

Farha Habeebullah v. Sameer S. & Others (Transfer Petition Nos. Tr.P.(C).231/2020; Tr.P.(C).276/2020; Tr.P.(C).277/2020; Tr.P.(C).281/2020)

Case / Petition Number:Tr.P.(C).231/2020; Tr.P.(C).276/2020; Tr.P.(C).277/2020; Tr.P.(C).281/2020

Neutral Citation:,

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Shircy V.
Judgment Date: 2020-09-18
Court Decision / Holding: Tr.P.(C).231/2020 is allowed; O.P. No. 36 of 2019 before the Family Court, Alappuzha is withdrawn and transferred to the Family Court, Tirur. Tr.P.(C).276/2020, Tr.P.(C).277/2020, and Tr.P.(C).281/2020 are dismissed.
Final Disposition: Transfer of Tr.P(C).231/2020 (O.P.36/2019) to Family Court, Tirur allowed; four other transfer petitions (Tr.P(C).276/2020, Tr.P(C).277/2020, Tr.P(C).281/2020) dismissed.

Parties to the Case

Appellants / Petitioners

Farha Habeebullah
Dr. Sameer (for Tr.P(C).276/2020, Tr.P(C).277/2020, Tr.P(C).281/2020)

Respondents

Sameer S.; Shareef E.M.; Aminabai A.

Legal Representation & Advocates

Counsels for Petitioners

• Sri.E.C.Ahamed Fazil
• Sri.M.H.Salim
• Sri.S.Santhosh Kumar
• Smt.Anjana S. Santosh
• Smt.P.Lissy Jose

Counsels for Respondents

• Sri.S.Santhosh Kumar
• Sri.S.Vinodkumar
• Smt.P.Lissy Jose
• Sri.E.C.Ahamed Fazil

Case Synopsis & Summary

The Kerala High Court, in a common order dated 18 September 2020, disposed of four transfer petitions arising from family court proceedings in Alappuzha and Tirur. Justice Shircy V. heard Tr.P(C).231/2020 filed by Farha Habeebullah seeking transfer of O.P. No.36 of 2019 from the Family Court, Alappuzha, to the Family Court at Tirur, contending marital discord and the petitioner’s residence at Tirur. Annexures A14–A15 and NPR/Aadhaar records were relied upon to establish Tirur residence, arguing that travel to Alappuzha would be onerous and impractical. The court reiterated a settled principle that in matrimonial disputes the convenience of the wife should be preferred over the husband’s, citing Sumita Singh v. Kumar Sanjay, Sailaja V v. V. Koteswara Rao, and Rajani Kishor Pardeshi v Kishor Babulal Pardeshi, and held that the petitioner’s case justified transfer; accordingly, Tr.P(C).231/2020 was allowed, with O.P.36/2019 withdrawn from Alappuzha and transferred to Tirur, and records to be transmitted. On the same day, Tr.P(C).276/2020, Tr.P(C).277/2020, and Tr.P(C).281/2020, filed by the husband, were dismissed, as the court deemed that the stated travel burden and professional commitments did not warrant a transfer in those petitions. The order prioritizes the wife’s convenience while ensuring proper adjudication of the underlying cases, and directs transmission of records and scheduling.

Legal Doctrines & Maxims

Convenience of the wife preferred in matrimonial transfer petitions; the court cites this principle as settled and applicable in transfer petitions.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner-wife Farha Habeebullah argued that due to marital discord she resides at Tirur and cannot conveniently attend proceedings in Alappuzha; Annexures A10–A15, Aadhaar/NPR records, and other evidence establish Tirur residence, undermining the claim of residence in Ernakulam. The travel burden to Alappuzha is onerous, and shifting the case to Tirur would better facilitate her participation and protection of her interests. The court was urged to follow the established doctrine favoring the wife’s convenience and to withdraw O.P.36/2019 from Alappuzha and transfer to Tirur.

Contentions of Respondents

The respondents contended that shifting the O.P.s would burden travel for elderly parents and that the petitioners’ travel burden does not justify a transfer; for Tr.P(C).231/2020 they argued that the wife is not residing at Tirur. In the other petitions (276/2020, 277/2020, 281/2020) the husband asserted residence and professional commitments at Alappuzha and submitted that frequent travel to Tirur would adversely impact his medical practice. They argued for Ernakulam or Alappuzha transfers to reduce burden and preserve professional obligations.

Cited Precedents (3)

Case Name	Citation	Treatment	Explanation
Sumita Singh v. Kumar Sanjay	2002 KHC 1889	Mentioned Only	Cited as supportive precedent for preferring the wife’s convenience in matrimonial transfer petitions.
Sailaja V v. V. Koteswara Rao	2003 KHC 3105	Mentioned Only	Cited for the principle that the wife’s convenience is favored in transfer petitions.
Rajani Kishor Pardeshi v Kishor Babulal Pardeshi	((2005) 12 SCC 237)	Mentioned Only	Cited as authority for the convenience principle in matrimonial disputes.

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Extracted Judgment Text

Exact text extracted from official judgment records.

Tr.P.(C).231/2020 & con. Cases 1 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE SHIRCY V.** **FRIDAY, THE 18TH DAY OF SEPTEMBER 2020 / 27TH BHADRA, 1942** **Tr.P(C).No.231 OF 2020** **OP 36/2019 OF FAMILY COURT, ALAPPUZHA** ## **PETITIONER:** **FARHA HABEEBULLAH, AGED 24 YEARS D/O.A.HABEEBULLAH, POOVATHIL HOUSE, EDAPPALLY NORTH VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT682024 PRESENTLY RESIDING AT, NEAR ASHIYANA BOYS HIGH SCHOOL, TEKKEMURI POST, TIRUR-676105** **BY ADVS. SRI.E.C.AHAMED FAZIL SRI.M.H.SALIM** ## **RESPONDENTS:** **1 SAMEER S, AGED 26 YEARS S/O.SHAFEEF EM, SEMEENA MANZIL, LAJNATHU WARD, ALAPPUZHA WEST VILLAGE, AMALAPPUZHA TALUK, ALAPPUZHA DISTRICT-688001 2 SHAREEF E.M., AGED 60 YEARS S/O.IBRAHIMKUTTY, SEMEENA MANZIL, LAJNATHU WARD, ALAPPUZHA WEST VILLAGE, AMALAPPUZHA TALUK, ALAPPUZHA DISTRICT-688001 3 AMINABAI.A, AGED 56 YEARS S/O.SHREEF EM, SEMEENA MANZIL, LAJNATHU WARD, ALAPPUZHA WEST VILLAGE, AMALAPPUZHA TALUK, ALAPPUZHA DISTRICT-688001** **R1-3 BY ADV. SRI.S.SANTHOSH KUMAR R1-3 BY ADV. SRI.S.VINODKUMAR R1-3 BY ADV. SMT.P.LISSY JOSE** **THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.09.2020, ALONG WITH Tr.P(C).276/2020, Tr.P(C).277/2020, Tr.P(C).281/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Tr.P.(C).231/2020 & con. Cases 2 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE SHIRCY V.** **FRIDAY, THE 18TH DAY OF SEPTEMBER 2020 / 27TH BHADRA, 1942** **Tr.P(C).No.276 OF 2020** **OP 254/2019 OF FAMILY COURT, TIRUR** ## **PETITIONER/RESPONDENT:** **DR.SAMEER, AGED 27 YEARS S/O SHEREEF.E.M,SAMINA MANZIL, LAJANATH WARD,ALAPPUZHA WEST VILLAGE, ALAPPUZHA.P.O, PIN-688001.** **BY ADV. SRI.S.SANTHOSH KUMAR** ## **RESPONDENT/PETITIONER:** **DR.FARHA HABEEBULLA, D/O.P.A.HABEEBULLA, NEAR ASHIYANA BOYS HIGH SCHOOL,TIRUR, THEKKUMMURI .P.O,PIN-676105, (RESIDING AT HOMEOPATHY AND ACUPUNTURE CENTRE, OPPOSITE HAYAT HOSPITAL, OVUNGAL,THRISSUR-680506)** **R1 BY ADV. SRI.E.C.AHAMED FAZIL** **THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.09.2020, ALONG WITH Tr.P(C).231/2020, Tr.P(C).277/2020, Tr.P(C).281/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Tr.P.(C).231/2020 & con. Cases 3 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE SHIRCY V.** **FRIDAY, THE 18TH DAY OF SEPTEMBER 2020 / 27TH BHADRA, 1942** **Tr.P(C).No.277 OF 2020** **MC 130/2019 OF FAMILY COURT, TIRUR** ## **PETITIONER/RESPONDENT:** **DR.SAMEER, AGED 27 YEARS S/O SHEREEF.E.M,SAMINA MANZIL, LAJANATH WARD,ALAPPUZHA WEST VILLAGE, ALAPPUZHA.PO,PIN-688001.** **BY ADVS. SRI.S.SANTHOSH KUMAR SMT.ANJANA.S.SANTHOSH** ## **RESPONDENT/PETITIONER:** **DR.FARHA HABEEBULLA D/O.P.A.HABEEBULLA,NEAR ASHIYANA BOYS HIGH SCHOOL,TIRUR,THEKKUMMURI.P.O, PIN-676105,(RESIDING AT HOMOEOPATHY, AND ACUPUNCTURE CENTRE,OPPOSITE HAYAT HOSPITAL,OVUNGAL,THRISSUR-680506).** **R1 BY ADV. SRI.E.C.AHAMED FAZIL** **THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.09.2020, ALONG WITH Tr.P(C).231/2020, Tr.P(C).276/2020, Tr.P(C).281/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Tr.P.(C).231/2020 & con. Cases 4 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE SHIRCY V.** **FRIDAY, THE 18TH DAY OF SEPTEMBER 2020 / 27TH BHADRA, 1942** **Tr.P(C).No.281 OF 2020** **OP 255/2019 OF FAMILY COURT, TIRUR** ## **PETITIONER/RESPONDENT:** **DR. SAMEER, AGED 27 YEARS S/O. SHEREEF. E.M., SAMINA MANZIL, LAJANATH WARD, ALAPPUZHA WEST VILLAGE, ALAPPUZHA P.O. 688 001.** **BY ADVS. SRI.S.SANTHOSH KUMAR SMT.P.LISSY JOSE** ## **RESPONDENT/PETITIONER:** **DR. FARHA HABEEBULLA D/O.P.A. HABEEBULLA, NEAR ASHIYANA BOYS HIGH SCHOOL, TIRUR, THEKKUMMURI P.O. 676 105, (RESIDING AT HOMEOPATHY AND ACUPUNCTURE, CENTRE, OPPOSITE HAYAT HOSPITAL, OVUNGAL, THRISSUR 680 506.** **R1 BY ADV. SRI.E.C.AHAMED FAZIL** **THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.09.2020, ALONG WITH Tr.P(C).231/2020, Tr.P(C).276/2020, Tr.P(C).277/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Tr.P.(C).231/2020 & con. Cases 5 ## **ORDER** **[ Tr.P(C).231/2020, Tr.P(C).276/2020,** **Tr.P(C).277/2020, Tr.P(C).281/2020 ]** ## **Dated this the 18th day of September 2020** Tr.P.(C) No. 231 of 2020 is filed by the petitioner in O.P. No. 36 of 2019 on the file of the Family Court, Alappuzha seeking transfer of the said O.P. to Family Court, Tirur. 2. The petitioner is the wife of the 1[st] respondent herein. O.P. No. 36 of 2019 is filed by the petitioner herein for realization of money from her husband, the 1[st] respondent, and his parents, the respondents 2 and 3. It is submitted by the learned counsel for the petitioner that due to the marital discord between the parties, the petitioner and the 1[st] respondent are residing separate. Right now she is residing at Tirur along with her parents. As the respondents have contended that she is not residing at Tirur, along with the reply affidavit, she has produced Annexures A10 to A15 to prove her case that she is residing at Tirur and she has no residence at Ernakulam. In fact her father was a native of Ernakulam District and after her marriage with the 1[st] Tr.P.(C).231/2020 & con. Cases 6 respondent, he shifted from Ernakulam to Tirur. Her further case is that since she is unable to travel to Alappuzha all alone from Tirur, she was compelled to file this petition seeking transfer of the case from Family Court, Alappuzha to Family Court, Tirur. It is pertinent to note that Annexure A14 is the copy of the Adhar Card which shows that she is residing at Tirur. So also the NPR would show that she along with her parents are residing at Tirur. 3. Tr.P.(C) No. 276 of 2020 is filed by the husband seeking transfer of O.P. No. 254 of 2019 from Family Court, Tirur to Family Court, Ernakulam or Alappuzha. Tr.P.(C) No. 277 of 2020 is filed by the husband for transfer of M.C. No. 130 of 2019 from Family Court, Tirur to Family Court, Ernakulam or Alappuzha. Tr.P. (C) No. 281 of 2020 is filed by the respondent husband seeking transfer of O.P.No. 255 of 2019 from Family Court, Tirur to Family Court Ernakulam or Alappuzha. These transfer petitions are filed contending that he is residing at Alappuzha and practicing as a trainee in a Homeo clinic at Alappuzha and the frequent travelling to Tirur to contest the cases would adversely affect his profession as a Doctor. So, he prays for transfer of the Tr.P.(C).231/2020 & con. Cases 7 above cases from Family Court, Tirur to Family Court, Ernakulam or Alappuzha. 4. Heard both sides. 5. It has been strenuously urged by the learned counsel for the respondents that the respondents 2 and 3 are aged and they are unable to travel upto Tirur from Alappuzha. But it is to be noted that the respondents 2 and 3, being the parents of the 1[st] respondent, it may not be necessary for them to appear before the Family Court on every posting date as that of the 1[st] respondent. So, the contention that they are unable to travel because of their oldage is not a ground to reject the request made by the petitioner. 6. 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. Therefore, I find that there is justification in the relief sought for by the Tr.P.(C).231/2020 & con. Cases 8 petitioner in Tr.P.(C) No. 231 of 2020. Hence, Tr.P.(C) No. 231 of 2020 is allowed and O.P. No. 36 of 2019 pending before the Family Court, Alappuzha is withdrawn and transferred to Family Court, Tirur. The learned Judge, Family Court, Alappuzha shall transmit the records after fixing a date for appearance of the parties before the Family Court, Tirur. Tr.P.(C) Nos. 276, 277 and 281 of 2020 are hereby dismissed. ## **Sd/-** ## **SHIRCY V.** **JUDGE** **sb** Tr.P.(C).231/2020 & con. Cases 9 ## **APPENDIX OF Tr.P(C) 231/2020** ## **PETITIONER'S/S EXHIBITS:** **ANNEXURE A1 TRUE COPY OF THE OP NO.36/2019 ON THE FILES OF FAMILY COURT, ALAPPUZHA. ANNEXURE A2 TRUE COPY OF COUNTER STATEMENT IN OP NO.36/2019 ON THE FILES OF FAMILY COURT, ALAPPUZHA ANNEXURE A3 TRUE COPY ORDER DATED 15.01.2019 IA NO.69/2019 IN OP NO.36/2019 PASSED BY FAMILY COURT, ALAPPUZHA ANNEXURE A4 TRUE COPY OF MC NO.29/2019 BEFORE JFCM -I, TIRUR ANNEXURE A5 TRUE COPY OF COUNTER STATEMENT IN MC NO.29/2019 BEFORE JFCM-I, TIRUR ANNEXURE A6 TRUE COPY OF OP NO.255/2019 ON THE FILES OF FAMILY COURT, TIRUR ANNEXURE A7 TRUE COPY OF THE OP NO.254/2019 ON THE FILES OF FAMILY COURT, TIRUR ANNEXURE A8 TRUE COPY OF MC NO.130/2019 ON THE FILES OF FAMILY COURT, TIRUR ANNEXURE A9 TRUE COPY OF TR.P(CRL.) NO.16/2020 ON THE FILES OF HONOURABLE HIGH COURT OF KERALA WITHOUT ANNEXURES** Tr.P.(C).231/2020 & con. Cases 10 ## **APPENDIX OF Tr.P(C) 276/2020** **PETITIONER'S/S EXHIBITS:** **ANNEXURE A1 TRUE COPY OF THE CERTIFICATE OF MARRIAGE DATED 3/11/2017.** **ANNEXURE A2** **TRUE COPY OF PETITION DATED JANUARY,2019 FILED BY THE RESPONDENT AS O.P.NO.254/2019 BEFORE THE FAMILY COURT,TIRUR.** Tr.P.(C).231/2020 & con. Cases 11 ## **APPENDIX OF Tr.P(C) 277/2020** **PETITIONER'S/S EXHIBITS: ANNEXURE A1 TRUE COPY OF CERTIFICATE OF MARRIAGE DATED 3/11/2017.** **ANNEXURE A2 TRUE COPY OF PETITION DATED 28/3/2019,FILED BY THE RESPONDENT AS MC.NO.130/2019 BEFORE THE FAMILY COURT,TIRUR.** Tr.P.(C).231/2020 & con. Cases 12 ## **APPENDIX OF Tr.P(C) 281/2020** **PETITIONER'S/S EXHIBITS: ANNEXURE A1 TRUE COPY OF CERTIFICATE OF MARRIAGE DATED 3/11/2017.** **ANNEXURE A2 TRUE COPY OF PETITION DATED 29/3/2019 FILED BY THE RESPONDENT AS O.P. NO. 25/2019 BEFORE THE FAMILY COURT TIRUR.**