TR.P(C) NO. 171 OF 2021 & TR.P(C) NO. 833 OF 2019
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- V.G. Arun
- Judgment Date
- 2021-10-28
- Court Decision / Holding
- Transfer Petition No. 833 of 2019 is dismissed. Transfer Petition No. 171 of 2021 is allowed. O.P. No. 2460 of 2020 (Ernakulam Family Court) shall be transferred to the Family Court at Muvattupuzha. The transferee court shall not insist on the personal presence of the husband’s parents unless absolutely necessary, and the parties may seek expeditious disposal of the case.
- Final Disposition
- The court disposed of the two transfer petitions: 833/2019 dismissed and 171/2021 allowed. O.P. No. 2460/2020 (Ernakulam FC) to be transferred to FC, Muvattupuzha with guidance on attendance and expeditious disposal.
Parties to the Case
Appellants / Petitioners
- JASEELA V.S
- MOHAMMED SHANI
- ABDUL LATHEEF
- JAMEELA
Respondents
- MOHAMMED SHANI
- JASEELA V.S.
Legal Representation & Advocates
Counsels for Petitioners
- • T A Unnikrishnan
- • K K Akhil
- • Babu Karukapadath
- • Smt. M A Vaheeda Babu
- • Smt. P U Vinod Kumar
- • Smt. Arya Raghunath
- • Smt. Kadiya Jasmine
Counsels for Respondents
- • T A Unnikrishnan
- • K K Akhil
Case Synopsis & Summary
These are two transfer petitions under Tr.P(C). No. 171 of 2021 and No. 833 of 2019, arising from matrimonial disputes between Jaseela V.S. and Mohammed Shani and related parties, pending before Family Courts at Muvattupuzha and Ernakulam. The wife (Jaseela V.S) sought transfer of O.P. No. 669/2019 (return of ornaments and maintenance) from Muvattupuzha to Ernakulam; the husband sought transfer of O.P. No. 2460/2020 from Ernakulam to Muvattupuzha, alleging dissolution of marriage by talaq. In 833/2019, petitioners include Mohammed Shani, Abdul Latheef, and Jameela, seeking transfer of 669/2019 from Muvattupuzha to Ernakulam; the respondent is Jaseela V.S. The court, noting the parties’ residences and circumstances, including the wife’s relocation to Vannappuram (Idukki) and the elderly parents of the husband, examined convenience as a key factor. It relied on Supreme Court precedents emphasizing the wife’s convenience in matrimonial transfer petitions. The court dismissed 833/2019 and allowed 171/2021, transferring O.P. No. 2460/2020 to the Family Court at Muvattupuzha. The transferee court is instructed not to require personal presence of the husband’s parents unless absolutely necessary and to ensure expeditious disposal. The decision highlights balancing convenience, distance, and welfare considerations in matrimonial litigation, with a view toward accessible adjudication for the wife while safeguarding family interests.
Legal Doctrines & Maxims
- Preference should be given to the convenience of the wife over that of the husband in transfer petitions arising out of matrimonial disputes
Submissions & Arguments
Contentions of Appellants / Petitioners
The applicant-wife, Jaseela V.S, contends that transfer to the Family Court at Ernakulam is unreasonable due to her relocation to Vannappuram, Idukki, making court attendance at Ernakulam onerous. She emphasizes the convenience and prompt adjudication of matters pertaining to maintenance and return of ornaments and money, arguing that the Family Court nearer to her current residence should handle the disputes. The petition also situates the dispute within the broader context of ongoing matrimonial discord, urging the court to prioritize the wife’s accessibility and welfare.
Contentions of Respondents
The respondent-husband argues that the wife remarried and has a companion, reducing the necessity of transferring the proceedings to Ernakulam. He asserts the burden on his elderly parents and the need for continuity of proceedings in Ernakulam due to the locations of the original petitions. He contends that transfer would unnecessarily shift advantage and may disrupt existing arrangements, while highlighting that the wife’s relocation does not justify a blanket transfer in all cases.
Cited Precedents (2)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Sumita Singh v Kumar Sanjay and another | (2001) 10 SCC 41 | Positive | Cited as authority for prioritizing the wife’s convenience in matrimonial transfer petitions. |
| Rajani Kishor Pardeshi v Kishor Babulal Pardeshi | (2005) 12 SCC 237 | Positive | Cited alongside Sumita Singh to support the principle of prioritizing the wife’s convenience in transfer petitions. |
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