COURT, IRINJALAKUDA v. ABI

O R D E R Dated, this the 4th January, 2024 The petitioner/wife seeks transfer of O.P. No.1296/2023 pending before the Family Court, Irinjalakuda to the Family Court, Thrissur on the ground of petitioner's convenience, she having her permanent place of residence within the jurisdictional limits of the Family Court, Thrissur.

This transfer was opposed by the learned counsel for the respondent, but only on the ground that a copy of the Original Petition, O.P. No.1286/2023, is not produced in this proceeding.

Having heard the learned counsel appearing on both sides, this Court is inclined to allow this Transfer Petition. It is settled that in matrimonial matters, the convenience of the wife Tr.P(C) No.771 of 2023 - 3 - is surely an aspect to be taken into consideration, while fixing the forum for adjudication, as held by the Honourable Supreme Court in a catena of decisions, including N.C.V.Aishwarya v. A.S.Saravana Karthik Sha [AIR 2022 SC 4318]. The non-production of a copy of the Original Petition, which is sought to be transferred, is not a fatal omission, so as to decline the relief sought for.

In the circumstances, this Transfer Petition is allowed. Accordingly, O.P.No.1296/2023 pending before the Family Court, Irinjalakuda is directed to be transferred to the Family Court, Thrissur. The transferor court shall transmit the entire records of the case to the transferee court, forthwith. Sd/- C.JAYACHANDRAN, JUDGE Tr.P(C) No.771 of 2023 - 4 - APPENDIX OF TR.P(C) 771/2023 PETITIONER'S ANNEXURES: ANNEXURE -A1 ANNEXURE-A 2 THE TRUE COPY OF THE SUMMONS DATED 23.09.2023 ISSUED BY THE CHIEF MINISTERIAL OFFICER OF THE FAMILY COURT, IRINJALAKKUDA. THE TRUE COPY OF THE APPLICATION IN OP-1462/23 FILED BY THE PETITIONER DATED 21/8/2023 ON THE FILES OF FAMILY COURT, THRISSUR