Judgment · High Court
Case at a glance
- Bench
- C JAYACHANDRAN
Outcome
Allowed
Accordingly, this Transfer Petition is allowed,
Key paragraphs
- Para 22. Having heard the learned counsel for the petitioner, this Court is inclined to allow the instant transfer petition. It has been settled by a catena of decisions of the Hon'ble Supreme Court, including the one in N.C.V. Aishwarya v. A.S. Saravana Karthik Sha [AIR…
Judgment
O R D E R Dated this the 31st day of January, 2024 Petitioners herein are respondents 1 and 3 in O.P. No.1669/2022, pending before the Family Court, Irinjalakuda, who are the wife and mother- in-law respectively of the 1st respondent herein. Petitioners seek transfer of the said Original Petition to the Family Court, Aluva. Transfer is sought for on the ground of petitioners' convenience, since they are residing within the limits of the Family Court, Aluva. Though respondents were served, they have not chosen to appear.
Operative part
Having heard the learned counsel for the petitioner, this Court is inclined to allow the instant transfer petition. It has been settled by a catena of decisions of the Hon'ble Supreme Court, including the one in N.C.V. Aishwarya v. A.S. Saravana Karthik Sha [AIR 2022 SC 4318], Tr.P.(C).NO.760 of 2023 ..3.. that, while considering transfer applications in matrimonial cases, the convenience of wife is surely a factor to be taken into account. That apart, this Court notices that two miscellaneous cases, M.C. No.75/2022 and M.C. No.76/2023, preferred by the 1st petitioner/wife are pending consideration before the Judicial First Class Magistrate Court No.I, Aluva. Accordingly, this Transfer Petition is allowed, directing transfer of O.P.No.1669/2022 pending before the Family Court, Irinjalakuda to the Family Court, Aluva. The transferor Court shall transmit the entire records to the transferee Court, forthwith. Skk//02.02.2024 Sd/- C. JAYACHANDRAN JUDGE Tr.P.(C).NO.760 of 2023 ..4.. APPENDIX OF TR.P(C) NO.760/2023 PETITIONERS' ANNEXURES:- ANNEXURE A1 ANNEXURE A2 TRUE COPY OF THE NOTICE IN O.P NO. 1669/2022 TO PETITIONER NO. 1 AND 2. TRUE COPY OF THE COMPLAINT IN M.C NO. 75/2022 BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ALUVA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.