AJITH M.T. Vs. NIMI

JUDGEMENT

(1.) The spouses, both of whom are doctors, are at loggerheads with each other and have resorted to legal remedies. The husband has filed O.P.No. 460 of 2019 and O.P.(G&W).No. 662 of 2019 before the Family Court, Muvattupuzha for restitution of conjugal rights and for declaration of guardianship and custody of the minor children. The wife has filed M.C.No. 639 of 2019 and O.P.No. 415 of 2020 before the Family Court, Thrissur seeking maintenance for the children and for recovery of money due towards their past maintenance. Tr.P.(C).No.457 of 2020 is filed by the husband to transfer O.P.No.415 of 2020 from the Family Court, Thrissur to the Family Court, Muvattupuzha and Tr.P.(C).Nos. 55 and 63 of 2021 by the wife, seeking to transfer O.P.Nos.460 and 662 of 2019 from the Family Court, Muvattupuzha to the Family Court, Thrissur.

(2.) The essential facts are as under;

(3.) The wife and parents have filed instant transfer petitions asserting that the children are living with them and the elder child is studying in a School in Thrissur. Learned counsel for the wife submitted that the assertion is founded on two documents, a letter dated 7.9.2020 from the Headmistress of JMJEM School, Thrissur stating that the child Ann Maria is not doing her homework and not attending classes and the second, the school fees receipt of the elder child. The FIR in Cr. No. 617 of 2020, registered at the Wadakkancherry Police Station against the husband for offences under Sections 341 and 323 IPC for having assaulted the wife and father, is relied on to contend that they apprehend hurt at the hands of the husband, compelled to appear before the Family Court at Muvattupuzha. Precedents are cited to contend that in transfer petitions arising out of matrimonial disputes, convenience of the wife should be preferred over that of the husband.