LAKSHMI SREELATHA MOHAN v. ABHILASH KRISHNAN

O R D E R Dated this the 18th day of March, 2024 Petitioner herein is the respondent in O.P. (HMA)No.1179/2023 pending before the Family court, Mavelikkara. The petitioner seeks transfer of the said Original Petition to the Family Court, Alappuzha, essentially on the ground of petitioner's convenience, she having her place of residence within the limits of the transferee court.

Despite service of notice, the respondent had not entered appearance before this Court.

Having heard the learned counsel appearing for the petitioner, this Court is inclined to allow the instant Transfer Petition. This Court takes stock of the settled legal position that the convenience of wife is a matter to be taken into consideration, Tr.P.(C).NO.494 of 2023 ..3.. while fixing the forum for adjudication of matrimonial disputes, as held by the Hon'ble Supreme Court in a catena of cases, including N.C.V.Aishwarya v. A.S.Saravana Karthik Sha [AIR 2022 SC 4318]. As an added reason to allow this Transfer Petition, this Court takes stock of the fact that the Annexure-A2 proceeding between the parties is pending before the transferee court.

In the circumstances, this Transfer Petition is allowed, directing transfer of O.P.(HMA) No.1179/2023 pending before the Family Court, Mavelikkara, to the Family Court, Alappuzha. The transferor Court shall transmit the entire records to the transferee Court, forthwith. TR Sd/- C. JAYACHANDRAN JUDGE Tr.P.(C).NO.494 of 2023 ..4.. APPENDIX OF TR.P(C) 494/2023 PETITIONER ANNEXURES Annexure A-1 Annexure A-2 TRUE COPY OF OP (HMA) NO.1179 OF 2023 FILED BY THE RESPONDENT BEFORE THE HON'BLE FAMILY COURT, MAVELIKKARA TRUE COPY OF OP (HMA) NO.797 OF 2023 FILED BY THE PETITIONER BEFORE THE HON'BLE FAMILY COURT ALAPPUZHA