[Senior Citizen Couple] Kerala High Court Holds Convenience Of Wife To Be Prioritised In Petition For Transfer Of Matrimonial Dispute

The Kerala High Court recently held that when a wife seeks transfer of a matrimonial case to a court of her convenience, it should ordinarily be allowed by the court.

A division bench of Justice Anil K Narendran and Justice P G Ajithkumar passed the order relying on a catena of Apex Court decisions that held that the convenience of the wife has to be prioritised in a petition for transfer of a matrimonial dispute.

The Court was considering an appeal filed by the wife who wanted to transfer the petition filed by her husband for a decree of divorce before the Family Court, Ernakulam to the Family Court, Thrissur where she had filed a petition for a decree of restitution of conjugal rights. Both petitions were filed under the provisions of the Hindu Marriage Act, 1955.

The transfer petition filed by the wife was rejected by the Family Court observing that "...wife is aged 69 years and the husband is aged 72 years. Both are age old persons standing on the same pedestal regarding old-age. No other special reason was brought to the notice of this court...”

The wife then preferred an appeal against the order of the Family Court.

The Court held that in the light of sub-section (2)(b) of Section 21A of the Act, a request of the appellant for transfer of the petitioner for divorce which was filed at a later point of time, could not be declined. Allowing the appeal, the Court held as follows:

“When a transfer is sought by the wife in consideration of her convenience, that request shall ordinarily be allowed by the court. The appellant wife is residing in Thrissur. She is aged 69 years. The respondent also is aged, and he is aged 72 years. But considering the comparative hardship and in the light of the law laid down in the aforesaid decisions, the inevitable conclusion is that O.P.No.2752 of 2019 is liable to be transferred from the Family Court, Ernakulam to the Family Court, Thrissur”

Counsel for the Appellant Wife: Advs. C Y Vinod Kumar, C Anilkumar (Kallesseril), P M Manash

Counsel for the Respondent Husband: Adv B Ramachandran B

Case Title: Rajam Babu V Babu K.K

Citation: 2023 LiveLaw (Ker) 294

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