Tr.P.(C) Nos. 684/2023, 659/2023 and 694/2023 (In OP Nos. 775/2023, 141/2023 and 2107/2023 of Family Court, Kunnamkulam) - High Court of Kerala at Ernakulam - High Court of Kerala (2023)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: C. Jayachandran
Judgment Date: 2023-10-30
Court Decision / Holding: TR.P(C) Nos.684/2023, 659/2023, and 694/2023 are allowed; transfer of O.Ps. 775/2023, 2107/2023 and 141/2023 from Family Court, Kunnamkulam to Family Court, Thrissur is ordered. The transferor Court shall transmit all records to the transferee Court forthwith.
Final Disposition: Transfer petitions allowed; cases to be transferred to Thrissur Family Court; records to be transmitted forthwith.

Parties to the Case

Appellants / Petitioners

INDU V.R
BRELVI C.S.

Respondents

BRELVI C.S.

Legal Representation & Advocates

Counsels for Petitioners

• Boby Mathew
• K. Meera

Counsels for Respondents

• V.V. Joy
• Ramakrishnan M.N.
• Hemanth H.
• Agna Prem
• Dhilsha Habeeb
• Ajaiy Baskar

Case Synopsis & Summary

These Transfer Petitions (Civil) arise from matrimonial proceedings pending in the Family Court, Kunnamkulam. The petitions, Tr.P(C) Nos. 684/2023, 659/2023 and 694/2023, were filed by respective petitioners seeking transfer of various original petitions from the Family Court, Kunnamkulam to the Family Court, Thrissur, on grounds of convenience given the petitioners’ residence within the transferee jurisdiction. The petitions relate to O.P. No. 775/2023 (return of gold ornaments and articles), O.P. No. 141/2023 (transfer/relating to another matrimonial matter), and O.P. No. 2107/2023 (visitation/modification issues), among connected petitions. The court cites Sumita Singh v. Kumar Sanjay & another [(2001) 10 SCC 41], to affirm that the convenience of the wife is a vital factor to be considered when determining the appropriate forum for matrimonial disputes. In light of this, the petitions are allowed and transfer of the listed O.P.s from Kunnamkulam to Thrissur is ordered; the transferee court is directed to receive the records forthwith. The order notes service and vakalathes on respondents. The court’s decision emphasizes accessibility, efficiency, and continuity of proceedings by aligning forum with the petitioners’ residence and convenience.

Legal Doctrines & Maxims

Convenience of the wife as a consideration in fixing the forum for matrimonial disputes (Sumita Singh v. Kumar Sanjay & another, [(2001) 10 SCC 41])

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argued for transfer on grounds of convenience, seeking to relocate the proceedings to the Family Court, Thrissur, in order to be situated within the transferee court’s jurisdiction and to facilitate access, participation, and expeditious adjudication for matrimonial matters. They relied on the principle that convenience of the wife is a relevant factor in forum selection for matrimonial disputes.

Contentions of Respondents

Not expressly set out in the order; the court’s decision largely relies on the principle of convenience as articulated in Sumita Singh and does not enumerate detailed opposing submissions in the text of the order.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Sumita Singh v. Kumar Sanjay & another	[(2001) 10 SCC 41]	Positive	Cited as authority establishing that convenience of the wife is a factor to be considered in fixing the forum for matrimonial disputes.

Extracted Judgment Text

Exact text extracted from official judgment records.

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN MONDAY, THE 30[TH] DAY OF OCTOBER 2023 / 8TH KARTHIKA, 1945 TR.P(C) NO. 684 OF 2023 ``` ``` IN OP NO.775/2023 OF FAMILY COURT, KUNNAMKULAM ``` ## **`PETITIONER:`** ``` INDU V.R AGED 39 YEARS, DAUGHTER OF RAMANATHAN, VALIYAPARAMBIL HOUSE, NATTIKA POST, CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN – 680566. ``` ``` BY ADVS. BOBY MATHEW K.MEERA ``` ## **`RESPONDENT:`** ``` BRELVI C.S., AGED 50 YEARS, SON OF SREEDHARAN, CHANAYIL HOUSE, THIRUTHIKKAD DESOM PORKULAM VILLAGE, TALAPPILLY TALUK, THRISSUR DISTRICT, PIN – 680542. ``` ``` BY ADVS. V.V.JOY RAMAKRISHNAN M.N.(K/1147/2016) HEMANTH H.(K/130/2023) AGNA PREM(K/003138/2022) DHILSHA HABEEB(K/002020/2022) AJAIY BASKAR(K/001572/2020) ``` ``` THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.10.2023, ALONG WITH Tr.P(C).659/2023, 694/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` ..2.. ``` ``` Tr.P.(C).Nos.684/2023 & con. cases. ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN MONDAY, THE 30[TH] DAY OF OCTOBER 2023 / 8TH KARTHIKA, 1945 TR.P(C) NO. 659 OF 2023 IN OP NO.141/2023 OF FAMILY COURT, KUNNAMKULAM ``` ## **`PETITIONER:`** ``` BRELVI C.S., AGED 50 YEARS, SON OF SREEDHARAN, CHANAYIL HOUSE, THIRUTHIKKAD DESOM PORKULAM VILLAGE, TALAPPILLY TALUK, THRISSUR DISTRICT, PIN – 680542. ``` ``` BY ADVS. BOBY MATHEW K.MEERA ``` ## **`RESPONDENT:`** ``` BRELVI C.S., AGED 50 YEARS, SON OF SREEDHARAN, CHANAYIL HOUSE, THIRUTHIKKAD DESOM PORKULAM VILLAGE, TALAPPILLY TALUK, THRISSUR DISTRICT, PIN – 680542. ``` ``` BY ADVS. V.V.JOY RAMAKRISHNAN M.N.(K/1147/2016) HEMANTH H.(K/130/2023) AGNA PREM(K/003138/2022) DHILSHA HABEEB(K/002020/2022) AJAIY BASKAR(K/001572/2020) ``` ``` THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.10.2023, ALONG WITH Tr.P(C).684/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` ..3.. ``` ``` Tr.P.(C).Nos.684/2023 & con. cases. ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN MONDAY, THE 30[TH] DAY OF OCTOBER 2023 / 8TH KARTHIKA, 1945 TR.P(C) NO. 694 OF 2023 IN OP NO.2107/2023 OF FAMILY COURT, KUNNAMKULAM ``` ## **`PETITIONER:`** ``` INDU V.R AGED 41 YEARS, DAUGHTER OF RAMANATHAN VALIYAPARAMBIL HOUSE, NATTIKA POST CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN - 680566 BY ADVS. BOBY MATHEW K.MEERA ``` ## **`RESPONDENTS:`** ``` BRELVI C.S., AGED 50 YEARS, SON OF SREEDHARAN, CHANAYIL HOUSE, THIRUTHIKKAD DESOM PORKULAM VILLAGE, TALAPPILLY TALUK, THRISSUR DISTRICT, PIN – 680542. ``` ``` BY ADVS. V.V.JOY RAMAKRISHNAN M.N.(K/1147/2016) HEMANTH H.(K/130/2023) AGNA PREM(K/003138/2022) DHILSHA HABEEB(K/002020/2022) AJAIY BASKAR(K/001572/2020) ``` ``` THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.10.2023, ALONG WITH Tr.P(C).684/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` ..4.. ``` ``` Tr.P.(C).Nos.684/2023 & con. cases. ``` ## **`O R D E R`** ``` Dated this the 30[th] day of October, 2023 ``` ``` Tr.P.(C) Nos.684/2023, 659/2023 and 694/2023 are preferred by the petitioner/wife seeking transfer of the various original petitions pending before the Family Court, Kunnamkulam to the Family Court, Thrissur, on the ground of convenience of the petitioner/wife, on account of her residence within the jurisdictional limits of the transferree court. The transfer petition first afore referred is one seeking transfer of O.P. No.775/2023, which was filed by the petitioner/wife, seeking return of gold ornaments and other articles. The Transfer petition second above referred is one preferred by the wife seeking divorce and the transfer petition ``` ``` ..5.. ``` ``` Tr.P.(C).Nos.684/2023 & con. cases. ``` ``` third afore referred is one preferred by the petitioner/wife seeking modification of visitation rights in O.P. No.2107/2023. ``` ``` 2.In all these matters, the respondents were served and Vakalath on their behalf has also been filed. ``` ``` 3.In view of the authoritative pronouncement of the Hon'ble Supreme Court in Sumita Singh v. Kumar Sanjay & another[(2001) 10 SCC 41], the convenience of the wife is certainly a matter to be taken into consideration, while fixing the forum in respect of matrimonial disputes. ``` ``` 4.In these circumstances, these Transfer Petitions are allowed directing transfer of O.P. Nos.775/2023, 2107/2023 and 141/2023 pending before the Family Court, Kunnamkulam to the Family Court, ``` ``` ..6.. ``` ``` Tr.P.(C).Nos.684/2023 & con. cases. ``` ``` Thrissur. The transferor Court shall transmit all the records to the transferee Court, forthwith. ``` ## **`Sd/-`** ``` C. JAYACHANDRAN JUDGE ``` ``` Skk//03.11.2023 ``` ``` ..7.. ``` ``` Tr.P.(C).Nos.684/2023 & con. cases. ``` ## **`APPENDIX OF TR.P(C) NO.684/2023`** ## **`PETITIONER’S ANNEXURES:-`** ``` ANNEXURE A1 ``` ``` TRUE COPY OF OP NO: 1081 OF 2020 BEFORE THE HON'BLE FAMILY COURT, THRISSUR (WHICH WAS TRANSFERRED AND IS NOW PENDING AS OP NO: 775 OF 2023 BEFORE THE HON'BLE FAMILY COURT, KUNNAMKULAM) ``` ``` ..8.. ``` ``` Tr.P.(C).Nos.684/2023 & con. cases. ``` ## **`APPENDIX OF TR.P(C) NO.659/2023`** ## **`PETITIONER’S ANNEXURES:-`** ``` ANNEXURE A1 ``` ``` TRUE COPY OF OP NO: 1080 OF 2020 BEFORE THE HON'BLE FAMILY COURT, THRISSUR (WHICH WAS TRANSFERRED AND IS NOW PENDING AS OP NO: 141 OF 2023 BEFORE THE HON'BLE FAMILY COURT, KUNNAMKULAM) ``` ``` ..9.. ``` ``` Tr.P.(C).Nos.684/2023 & con. cases. ``` ## **`APPENDIX OF TR.P(C) NO.694/2023`** ## **`PETITIONER’S ANNEXURES:-`** ``` ANNEXURE A1TRUE COPY OF THE MODIFICATION PETITION NUMBERED AS I.A 3 OF 2022 IN OP 486 OF 2017 ON THE FILE OF THE FAMILY COURT, THRISSUR ``` ``` ANNEXURE A2TRUE COPY OF OP 486 OF 2017 ON THE FILE OF THE FAMILY COURT, THRISSUR WHICH IS NOW PENDING AS OP 2107 OF 2023 BEFORE THE FAMILY COURT, KUNNAMKULAM ```

Tr.P.(C) Nos. 684/2023, 659/2023 and 694/2023 (In OP Nos. 775/2023, 141/2023 and 2107/2023 of Family Court, Kunnamkulam) - High Court of Kerala at Ernakulam