Temporary Shift In Residence Not A Foundation To Transfer Matters Pending Before Competent Jurisdiction : Kerala High Court Reiterates

The Kerala High Court on Tuesday held that a mere temporary shift of residence cannot be the basis on which a matter pending before the competent jurisdiction is transferred, particularly when the petitioner's permanent residence is within the jurisdiction of the competent court. 

Observing so, Justice A. Badharudeen refused to entertain a transfer petition filed by a woman who had sought for a transfer of the four cases pending before the Pathanamthitta Family Court to Ernakulam merely because she was presently residing with her cousin. 

"I do not think mere temporary stay for some reasons cannot be the foundation for transferring matters pending before the competent jurisdiction filed by the petitioner, who is a permanent resident within the jurisdiction of the said court."

The cases before the Family Court were regarding marital disputes between the petitioner-wife and the respondent-husband. 

According to the petitioner, their marital relationship was strained due to unspeakable cruel treatment towards her by her husband and his mother for dowry.

Consequently, she left the marital house on 17.10.2018 and they have been living separately at their respective residences since then.

Advocate U. Jayakrishnan appearing for the petitioner argued that she was presently residing in Ernakulam and that for her convenience, the four cases should be transferred from Pathanamthitta to Ernakulam.

Further, it was argued that the petitioner apprehends danger, if the cases are being tried before the Family Court, Pathanamthitta.

Advocates G. Unnikrishnan and Bobby U. Nair zealously opposed the transfer petition contending that it was filed to drag the trial and the disposal of these cases pending since 2019. 

Alleging that it was filed with no bonafides, the respondents also pointed out that the petitioner has no residence at present in Ernakulam.

The Court found that the petitioner had no job or income and she claimed to be residing with her cousin sister for the time being.

"The same would go to show that the petitioner wants to transfer four cases pending before the Family Court, Pathanamthitta, inclusive of cases filed by her showing her permanent address at Pathanamthitta, after a period of three years merely on the ground that she is temporarily staying at his cousin's house."

The Court noted that the transfer plea mooted by the petitioner merely on the ground that she was temporarily staying at her cousin's place cannot be justified.

Accordingly, the transfer petition was dismissed. 

Also Read: Temporary Shift Of Residence By Itself Not A Valid Ground For Transfer Of Cases: Kerala High Court

Case Title: Silpa Shaji v. Satheesh K.S & Ors

Citation: 2022 LiveLaw (Ker) 53

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