SOPHYMOL LUKA Vs. LUKA P.M

JUDGEMENT

(1.) The petitioner is the petitioner in O.P.No.1009/2016 and O.P No.456/2020 and the 1st respondent in O.P.No.164/2017 pending before the Family Court, Kottayam at Ettumannoor. The grievance of the petitioner is that due to the matrimonial dispute between herself and her husband, she is residing with her parents within the jurisdiction of the Family Court, Pala. She has also filed a case for getting maintenance from her husband before the Family Court, Pala. Though she wants to contest the case filed by her husband, she is unable to travel upto the Family Court, Kottayam due to her financial constraints and hence she is compelled to file this petition .

(2.) Though notice has been accepted by the respondents they did not appear. It shows that they have no objection in allowing the petitions as sought for.

(3.) It is well settled that in matrimonial disputes, while considering transfer petitions, the convenience of the wife has to be given preference 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). Here as the petitioner is residing at her paternal house within the jurisdiction of the Family Court, Pala depending upon her parents to pull on her life , her request to transfer the case to the Family Court, Pala is fully justified.