Kerala High Court
Kiran Soni. A.S vs Shan Lekshmanan
Author: Anil K.Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
FRIDAY,THE 17TH DAY OF NOVEMBER 2017/26TH KARTHIKA, 1939
Tr.P(C).No. 191 of 2017 ()
---------------------------
TO TRANSFER OP 1490/2016 OF FAMILY COURT, ATTINGAL TO FAMILY COURT
THIRUVANANTHAPURAM
---------------------
PETITIONER/RESPONDENT:
------------------------
KIRAN SONI. A.S.,
AGED 26 YEARS, W/O. SHAN LEKSHMANAN, VILAYIL LANE,
T.C 29/1209(3), VINAYAKOM, PALKULANGARA (P.O),
TRIVANDRUM PIN - 695024.
BY ADVS.SRI.K.RAVI (PARIYARATH)
SRI.C.R.SURESH KUMAR
RESPONDENT(S)/PETITIONER:
----------------------------------------------
SHAN LEKSHMANAN.,
AGED 29 YEARS, S/O. A.C. LEKSHMANAN, RESIDING AT
LEKSHMANA BHAVAN, PUTHEN CHANDA, VETTUR VILLAGE,
VARKALA (P.O), TRIVANDRUM PIN - 695 141.
R1 BY ADV. SRI.SABU S.KALLARAMOOLA
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 17-11-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
sdr/-
Tr.P(C).No. 191 of 2017 ()
---------------------------
APPENDIX
---------------
PETITIONERS ANNEXURES
--------------------------------------
ANNEXURE-1 TRUE COPY OF THE ORIGINAL PETITION FIELD BY THE
RESPONDENT AS O.P.NO. 1490/2016 ON THE FILE OF
FAMILY COURT, ATTINGAL, DATED 29.12.16
ANNEXURE-2 TRUE COPY OF THE PETITION FIELD BY THE PETITIONER BEFORE
THE JUDICIAL FIRST CLASS MAGISTRATE COURT-1
THIRUVANANTHAPURAM AS M.C. (D.V) NO.65/2016 AGAINST THE
RESPONDENT AND HER IN LAWS DATED 25.11.16
ANNEXURE-3 TRUE COPY OF THE PETITIONER FILED BY THE PETITIONER AND
SHANAYA, AS .C. NO. 457/ 2016 BEFORE THE FAMILY COURT,
THIRUVANANTHAPURAM, AGAINST THE RESPONDENT DATED 26.11.16
ANNEXURE-4 TRUE COPY OF THE ORIGINAL PETITION FIELD BY THE PETITIONER
REPRESENTING SHANAYA, NEW BORN AS O.P. NO. 2501/2016
BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM AGAINST
THE RESPONDENT DATED 23.12.16
ANNEXURE-5 TRUE COPY OF THE ORIGINAL PETITION FILED BY THE PETITIONER
AGAINST THE RESPONDENT AND HER IN LAWS, AS O.P. NO.
2496/2016 BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM,
DATED 02.12.16
RESPONDENTS ANNEXURES NIL
----------------------------------------
/TRUE COPY/
PA TO JUDGE
sdr/-
ANIL K.NARENDRAN, J.
-----------------------------------------------
Tr.P.(C)No.191 of 2017
-----------------------------------------------
Dated this the 17th day of November, 2017
O R D E R
The petitioner, who is the respondent in O.P.No.1490/2016, pending on the file of the Family Court, Attingal, has filed this transfer petition under Section 24 of the Code of Civil Procedure, 1908, seeking an order to transfer the said original petition from the Family Court, Attingal, to the Family Court, Thiruvananthapuram. O.P.No.1490/2016 is one filed by the respondent/husband seeking a decree for divorce.
2. M.C.No.457/2016 filed by the petitioner/wife under Section 125(1) of the Code of Criminal Procedure, 1973, seeking maintenance, is pending consideration before the Family Court, Thiruvananthapuram. Similarly, O.P.No.2501/2016 filed by her for recovery of money for the welfare of the new born child and for return of matrimonial property is pending consideration before the Family Court, Thiruvananthapuram. In addition to this, O.P.No.2496/2016 filed by her against the respondent/ husband and his parents is also pending consideration before the Tr.P.(C)No.191 of 2017 :-2-:
Family Court, Thiruvananthapuram.
3. On 15.3.2017, this Court admitted the case on file and issued urgent notice by speed post to the respondent. This Court has also granted interim stay of all further proceedings in O.P.No.1490/2016 pending on the file of the Family Court, Attingal.
4. Heard the learned counsel for the petitioner/wife and the learned counsel for the respondent/husband.
5. Admittedly, the petitioner/wife is residing at Palkulangara in Thiruvananthapuram District along with her new born child. M.C.No.457/2016, O.P.No.2501/2016 and O.P.No.2496/2016 filed by the petitioner/wife are pending consideration before the Family Court, Thiruvananthapuram. Therefore, if O.P.No.1490 of 2016 filed by the respondent/husband is proceeded before the Family Court, Attingal, she will be put to untold hardship.
6. In Sumita Singh v. Kumar Sanjay [(2001) 10 SCC 41] the Apex Court held that in matrimonial proceedings filed by the husband against the wife, the convenience of the wife must be looked into. The said position was reiterated in Rajani Kishor Pardeshi v. Kishore Babulal Pardeshi [(2005) 12 SCC 237] Tr.P.(C)No.191 of 2017 :-3-:
by holding that in matrimonial disputes, the convenience of the wife is to be preferred over the convenience of the husband. On noticing that the leniency shown by the court is being misused by women, the Apex Court in Anindita Das v. Srijit Das [(2006) 9 SCC 197] held that, it is necessary to consider each petition on merits.
7. Considering the facts and circumstances of the case, in the light of the decisions of the Apex Court referred to supra, this Court finds that the petitioner has made out a case for transfer of O.P.No.1490/2016 pending before the Family Court, Attingal, to the Family Court, Thiruvananthapuram. Accordingly, O.P.No.1490/2016 pending before the Family Court, Attingal, is withdrawn and transferred to the Family Court, Thiruvananthapuram.
8. The Family Court, Attingal, is directed to transmit the records to the Family Court, Thiruvananthapuram. The Registry is directed to communicate a copy of this order to both the courts immediately.
9. Both parties shall appear before the Family Court, Thiruvananthapuram, on 18.12.2017.
Tr.P.(C)No.191 of 2017
:-4-:
This Transfer petition is disposed of as above. All pending interlocutory applications are closed.
Sd/-
ANIL K.NARENDRAN JUDGE ami/20.11.17 //True copy// P.A.to Judge