MANJU JOSE Vs. JIJO JACOB

JUDGEMENT

(1.) Tr.P(C).No.199/2021 is filed by the respondent in G.O.P.No.527/2021 on the file of Family Court, Ernakulam and Tr.P(C).No.202/2021 is filed by the respondent in O.P.No.261/2021 pending before the Family Court, Ernakulam. G.O.P.No.527/2021 is one filed regarding the custody of two minor children, whereas O.P.No.261/2021 is filed seeking a decree of divorce. The petitioner in these transfer petitions seeks for a transfer of G.O.P.No.527/2021 and O.P.No.261/2021, which are pending before the Family Court, Ernakulam to the Family Court, Pala.

(2.) It is contended by the petitioner that, she is a permanent resident of Koruthode in Kottayam district and she is finding it difficult to travel to the Family Court, Ernakulam along with her two minor children and it is four hours travel from her native place to the Family Court, Ernakulam. It is further averred that, petitioner has filed MC.No.55/2020 before the Judicial First Class Magistrate Court, Kanjirappilly under the provisions of the Protection of Women from Domestic Violence Act and that the respondent have entered appearance in the said case and is appearing before the Judicial First Class Magistrate Court, Kanjirappilly. It is settled law that convenience of the wife is to be preferred over the convenience of the husband in transfer petition in matrimonial disputes. Further, the counsel appearing for the respondent in both these transfer petitions submitted that the respondent has no objection in transferring the cases to the Family Court, Pala.

(3.) Taking all these aspect to the consideration, it is ordered that, G.O.P.No. 527/2021 and O.P.No.261/2021 pending on the file of the Family Court, Ernakulam be transferred to Family Court, Pala. The Family Court, Ernakulam is hereby directed to forward all records in both the above cases immediately to the Family Court, Pala. The parties are directed to appear before the Family Court, Pala on 25/1/2022.