ARYA v. PRAVITH P

ORDER This petition is preferred by the petitioner/wife, seeking transfer of O.P.No.1473/2023 from the Family court, Ernakulam to the Family Court, Adoor. Transfer is sought for on the ground of convenience of the wife, since she is residing within the limits of the transferee court.

Heard the learned counsel for the petitioner. Though notice was served on the respondent, there is no representation.

In view of the authoritative pronouncement of the Hon'ble Supreme Court in N.C.V.Aishwarya v. A.S. Saravana Karthik Sha [AIR 2022 SC 4318], the convenience of the wife is certainly a matter to be taken into consideration, while fixing the forum for adjudication of matrimonial Tr.P.(C.) No.772 of 2023 3 disputes. As an additional reason, this Court also finds that the petitioner has a nine month old child, which also persuades this Court to allow the instant transfer petition. In these circumstances, this Transfer Petition is allowed, directing transfer of O.P.No.1473/2023 pending before the Family Court, Ernakulam, to the Family Court, Adoor. The transferor Court shall transmit the entire records to the transferee Court, forthwith. Sd/- C. JAYACHANDRAN JUDGE SKP/-01 Tr.P.(C.) No.772 of 2023 4 APPENDIX OF TR.P(C) 772/2023 PETITIONER’S ANNEXURES: ANNEXURE A1 TRUE COPY OF FORM NO-8 NOTICE IN PURSUANT OF PETITION FOR DECREE OF DIVORCE BEFORE THE FAMILY COURT, ERNAKULAM WITH OP NO.1473/2023 RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A. TO JUDGE