Tr.P(C) Nos.617, 645 and 676 of 2023 (Transfer Petitions) – In the 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: 2023-10-27
Court Decision / Holding: All three Transfer Petitions are allowed; O.P.943/2021, O.P.942/2021 and O.P.120/2022 pending before the Family Court, Irinjalakuda, are directed to be transferred to the Family Court, Ernakulam. The transferor court shall transmit all records to the transferee forthwith. The transferee court is directed to dispense with the presence of respondents 2 and 3 in O.P.120/2022 except on occasions where their presence is absolutely necessary.
Final Disposition: Transfer of three O.Ps from Irinjalakuda to Ernakulam; records to be transmitted; possible dispensation of certain appearances to facilitate proceedings.

Parties to the Case

Appellants / Petitioners

Savitha S.R.

Respondents

Sreejesh N
Parameswaran Unni Adikal
Sree Devi

Legal Representation & Advocates

Counsels for Petitioners

• G. Chitra

Counsels for Respondents

• Chacko C.A
• C.M. Charisma

Case Synopsis & Summary

These transfer petitions concern the movement of matrimonial proceedings from the Family Court at Irinjalakuda to the Family Court at Ernakulam. Savitha S.R., wife of Sreejesh N., seeks transfer of three matters: O.P. 943/2021 (divorce), O.P. 942/2021 (money recovery) and O.P. 120/2022 (return of gold ornaments), currently pending before the Family Court, Irinjalakuda. The petitions, listed on 27 October 2023 along with related Tr.P(C) Nos.617/2023, 645/2023, and 676/2023, are grounded on the convenience of the wife and the welfare of her 4-year-old child. The court places reliance on the Supreme Court’s dictum in Sumita Singh v. Kumar Sanjay & another (2001) 10 SCC 41 that the convenience of the wife is a factor to be considered in matrimonial transfer petitions. Respondents oppose the transfer on grounds of potential inconvenience to the husband’s elderly parents due to travel; the court, however, declines to accept this and proceeds with transfer. The court also directs the transferee court to dispense with the presence of respondents 2 and 3 in O.P.120/2022 except when absolutely necessary. All three petitions are allowed and the records are to be transmitted to Ernakulam forthwith, with the transferor court facilitating this transmission and ensuring streamlined proceedings in the interest of justice and the child’s welfare.

Legal Doctrines & Maxims

Sumita Singh v. Kumar Sanjay & another [(2001) 10 SCC 41] — principle that convenience of the wife is to be considered in transfer of matrimonial disputes.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner-wife seeks transfer of three pending matrimonial matters from the Family Court, Irinjalakuda, to Ernakulam, arguing that such transfer would better serve the welfare of her child (a four-year-old) and streamline proceedings. She invokes the principle from Sumita Singh v. Kumar Sanjay & another to justify considering the wife’s convenience in transfer disputes.

Contentions of Respondents

The respondents oppose the transfer on grounds that the husband’s elderly parents would face travel inconvenience and argue against shifting the matters away from Irinjalakuda. The court, however, finds these objections non-determinative and decides in favor of transfer, directing the transferee court to proceed.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Sumita Singh v. Kumar Sanjay & another	[(2001) 10 SCC 41]	Positive	The judgment relies on the principle that the convenience of the wife is a factor to be considered in transfer petitions in 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** **FRIDAY, THE 27[TH] DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945 TR.P(C) NO.617 OF 2023** **TO TRANSFER OP 943/2021 OF FAMILY COURT, IRINJALAKUDA** ## **PETITIONER/RESPONDENT IN O.P:** SAVITHA.S.R, AGED 33 YEARS, D/O.RAMA VARMA, SAVITHALAYAM, THACHAPPILLY MADAM, PANANGAD P.O, ERNAKULAM, PIN – 682506. BY ADV.G.CHITRA ## **RESPONDENT/PETITIONER IN O.P:** SREEJESH.N, AGED 35 YEARS, S/O.PARAMESWARAN, ADIKAL, NEELATHU MADAM, KODUNGALLOOR P.O, THRISSUR, PIN – 680664. BY ADVS. CHACKO C.A C.M.CHARISMA(K/424/2002) **THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.10.2023, ALONG WITH Tr.P(C) Nos.645/2023 AND 676/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **Tr.P(C) Nos.617, 645 and 676 of 2023** **- 2 -** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN FRIDAY, THE 27[TH] DAY OF OCTOBER 2023/5TH KARTHIKA, 1945 TR.P(C) NO.645 OF 2023** **TO TRANSFER OP 943/2021 OF FAMILY COURT, IRINJALAKUDA** ## **PETITIONER/RESPONDENT IN O.P:** SAVITHA.S.R, AGED 33 YEARS, D/O.RAMA VARMA, SAVITHALAYAM, THACHAPPILLY MADAM, PANANGAD P.O, ERNAKULAM, PIN – 682506. BY ADV. G.CHITRA ## **RESPONDENT/PETITIONER IN O.P:** SREEJESH.N, AGED 35 YEARS, S/O.PARAMESWARAN, ADIKAL, NEELATHU MADAM, KODUNGALLOOR P.O, THRISSUR, PIN – 680664. BY ADVS. CHACKO C.A C.M.CHARISMA(K/424/2002) **THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.10.2023, ALONG WITH Tr.P(C).617/2023 AND 676/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN FRIDAY, THE 27[TH] DAY OF OCTOBER 2023/5TH KARTHIKA, 1945** **TR.P(C) NO.676 OF 2023** **TO TRANSFER OP 943/2021 OF FAMILY COURT, IRINJALAKUDA TO THE FAMILY COURT, ERNAKULAM** ## **PETITIONER/PETITIONER IN O.P:** SAVITHA.S.R, AGED 33 YEARS, D/O.RAMA VARMA, SAVITHALAYAM, THACHAPPILLY MADAM, PANANGAD P.O ERNAKULAM, PIN – 682506. BY ADV.G.CHITRA ## **RESPONDENT/RESPONDENT IN O.P:** 1 SREEJESH.N, AGED 35 YEARS, S/O.PARAMESWARAN UNNI ADIKAL, NEELATHU MADAM, KODUNGALLOOR P.O, THRISSUR, PIN – 680664. 2 PARAMESWARAN UNNI ADIKAL, NEELATHU MADAM, KODUNGALLOOR P.O, THRISSUR, PIN – 680664. 3 SREEDEVI, W/O.PARAMESWARAN UNNI ADIKAL, NEELATHU MADAM, KODUNGALLOOR P.O, THRISSUR, PIN – 680664. BY ADVS. CHACKO C.A C.M.CHARISMA(K/424/2002) THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.10.2023, ALONG WITH Tr.P(C).Nos.645/2023 AND 676/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **Tr.P(C) Nos.617, 645 and 676 of 2023 - 4 -** ## **C.JAYACHANDRAN, J.** **-------------------------------------Tr.P(C) Nos.617, 645 and 676 of 2023 -------------------------------------Dated, this the 27[th] October, 2023** ## **COMMON ORDER** **The Transfer Petition 1[st] above referred pertains to transfer of O.P (Divorce) No.943/2021 pending before the Family Court, Irinjalakuda. Transfer Petition 2[nd] above referred is concerning O.P. No.942/2021 seeking recovery of money, which also is pending before the Family Court, Irinjalakuda. The Transfer Petition 3[rd] above referred to pertains to return of gold ornaments, which is subject matter of O.P.No.120/2022, which also is pending before the Family Court, Irinjalakuda. All these matters are sought to be transferred to Family Court, Ernakulam. Grounds stated is the convenience of the petitioner/wife, who has a 4 year old child.** **Tr.P(C) Nos.617, 645 and 676 of 2023 - 5 -** **2. Going by the dictum laid down by the Honourable Supreme Court in Sumita Singh v. Kumar Sanjay & another [(2001) 10 SCC 41], the convenience of the wife is a matter to be looked into, while considering in transfer motions being made in matrimonial disputes.** **3. Although learned counsel for the respondents** **2 and 3 in Tr.P.C No.676/2023 object the transfer motion, pointing out that the said respondents - the parents of the 1[st] respondent/husband - are aged and they are inconvenienced to travel, this Court is not in a position to appreciate the same. This Court, however, directs the Family Court, Ernakulam (transferee court) to dispense with the presence of respondents 2 and 3 in O.P. No.120/2022, except on occasions where their presence is absolutely necessary.** **4. Therefore, all the three Original Petitions are allowed and O.P.No.943/2021, O.P.No.942/2021** **Tr.P(C) Nos.617, 645 and 676 of 2023** **- 6 -** **and O.P.No.120/2022 pending before the Family Court, Irinjalakuda is directed to be transferred to Family Court, Ernakulam. The transferor court shall transmit all records to the transferee** **court, forthwith.** **Sd/-** **C.JAYACHANDRAN, JUDGE** ww **Tr.P(C) Nos.617, 645 and 676 of 2023** - **7 -** ## **APPENDIX OF TR.P(C) 617/2023** PETITIONER'S ANNEXURES: ANNEXURE A1 A TRUE COPY OF THE PETITION IN O.P NO.943 OF 2021 ON THE FILES OF FAMILY COURT, LRINJALAKKUDA DATED 13/9/21. ANNEXURE A2 A TRUE COPY OF THE M.C. NO.183 OF 2023 FAMILY COURT, ERNAKULAM DATED 8/8/23. **Tr.P(C) Nos.617, 645 and 676 of 2023** - **8 -** ## **APPENDIX OF TR.P(C) 645/2023** PETITIONER'S ANNEXURES: ANNEXURE A1 TRUE COPY OF THE PETITION IN O.P NO.942 OF 2021 ON THE FILES OF FAMILY COURT, IRINJALAKKUDA. ANNEXURE A2 TRUE COPY OF THE M.C. NO.183 OF 2023, FAMILY COURT ERNAKULAM. **Tr.P(C) Nos.617, 645 and 676 of 2023** **- 9 -** ## **APPENDIX OF TR.P(C) 676/2023** PETITIONER'S ANNEXURES: ANNEXURE A1 TRUE COPY OF THE PETITION IN O.P NO.120 OF 2022 ON THE FILES OF FAMILY COURT, IRINJALAKKUDA.

Tr.P(C) Nos.617, 645 and 676 of 2023 (Transfer Petitions) – In the High Court of Kerala at Ernakulam