REENA MATHEW Vs. ABY THOMAS

JUDGEMENT

(1.) THIS is an application filed by the petitioner who is the wife of the respondent for transfer of O.P. No.160/2007 pending on the file of the Family Court, Kottayam to Family Court, Ernakulam. It is submitted that the petitioner is residing with her parents at Ernakulam and is employed at Ernakulam and that the respondent also is presently employed at Ernakulam. It is also submitted that O.P. No.355/2007 filed by the petitioner against the respondent/husband is already pending before the Family Court, Ernakulam. The counsel for the respondent vehemently opposes the transfer on the ground that the employment of the petitioner at Ernakulam and her having residence at Ernakulam is not a ground for transfer of the case to the Family Court, Ernakulam from the Family Court, Kottayam and as regards the employment of the respondent it is submitted that he is under orders of transfer to Pala.

(2.) IT has been held by the Apex Court that in Family Court matters cases have to be transferred to suit the convenience of wife and that has to be the prime consideration. Hence, it is only proper that this petition is allowed. In the result, I order the transfer of O.P. No.160/2007 pending on the file of the Family Court, Kottayam at Ettumanoor to the Family Court Ernakulam. This Transfer Petition is thus, allowed.