Temporary Shift Of Residence By Itself Not A Valid Ground For Transfer Of Cases: Kerala High Court
While considering a series of transfer petitions moved by a woman, the Kerala High Court ruled that shifting from permanent residence to a temporary residence by itself is not a ground to transfer cases pending within the jurisdiction of the permanent residence of both parties.Justice A. Badharudheen dismissed the transfer petitions observing that allowing such pleas would result in cases...
While considering a series of transfer petitions moved by a woman, the Kerala High Court ruled that shifting from permanent residence to a temporary residence by itself is not a ground to transfer cases pending within the jurisdiction of the permanent residence of both parties.
Justice A. Badharudheen dismissed the transfer petitions observing that allowing such pleas would result in cases being transferred frequently:
"The rational is; in the case of temporary residence, particularly rental accommodation, the same is not at all static and it can be changed for any immediate reason. If cases are transferred to such temporary abode, again and again cases will have to be transferred, when the temporary residence being shifted. Therefore, I am of the considered view that availing a temporary residence, either by way of rental accommodation or otherwise shall not be a ground to allow transfer of cases on the mere plea that the said place is convenient to the wife."
The petitioner, originally a permanent resident of Pala, filed the petitions seeking the transfer of two petitions before the Family Court in Pala to the one in Attingal. Her husband (respondent) is also a resident of Pala. The transfer petitions were filed on the ground that the petitioner recently shifted her residence to a rental house in Attingal following her appointment as Digital Marketing Trainee.
Appearing for the petitioner, Advocates P.T. Abhilash and L.D. Lijoroy submitted that the petitioner has been residing in Attingal along with a 3-year-old child and therefore, has been experiencing difficulties travelling to Pala to conduct the cases.
Opposing the petitions, Advocate P.C. Haridas representing the respondent submitted that a shift in place of residence by the petitioner at her convenience that too in a rental house, cannot be a reason to transfer cases at her convenience, relying on Vidhya Mundekkat v. Akhilesh Jayaram (2021 (6) KHC 506)
Referring to the said Division Bench decision, they also argued that it is not an invariable rule that whenever a wife makes a request pointing out her inconvenience, transfer of a case to a court of her choice is automatic.
The crucial question before the Court was whether a temporary shift of residence by the wife is a reason to transfer of cases within the jurisdiction of the said temporary residence.
Noting that the transfer petitions were filed only on the ground that the petitioner shifted her residence to Attingal, that too in a rental house, the Court found that shifting a permanent residence to a temporary residence by itself could not be a ground to transfer cases pending within the jurisdiction of the permanent residence of both parties.
As such, finding no merit in the petitions, they were dismissed.
Case Title: Meria Joseph v. Anoop S. Ponnattu
Citation: 2022 LiveLaw (Ker) 14