Convenience Of Wife To Be Given Priority In Transfer Petitions: Kerala HC In Matrimonial Dispute Between Senior Citizens

Considering the comparative hardship and the law, a bench of Justice Anil K. Narendran and Justice P.G. Ajithkumar observed, “…a statutory right of a woman cannot be nullified by taking technical advancement and destroying her right under a law, more so, when it relates to family matters. The further observation is that the dignity of a woman is sustained and put on a higher pedestal if her choice is respected. Thus, vivid is the law on the point. When a transfer is sought by the wife in consideration of her convenience, that request shall ordinarily be allowed by the court”.

Advocate C.Y. Vinod Kumar appeared for the appellant and Advocate B Ramachandran B appeared for the respondent.

In the instant matter, the appellant sought the transfer of petition for divorce instituted by the husband pending before the Family Court, Ernakulam, to the Family Court in Thrissur as her petition for restitution of conjugal rights was pending before the Court in Thrissur.

However, the Family Court through an order dated May, 25, 2023 had dismissed the petition stating,

“…The 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 two grounds urged by her were convenience and requirement of a joint trial of two cases which the Single Judge did not accept by holding that the reasons stated were insufficient for a transfer.

Therefore, while placing reliance on the settled principles of law in Mona Aresh Goel v. Aresh Satya Goel (2000) 9 SCC 255, Sumita Singh v. Kumar Sanjay and another (2001) 10 SCC 41 and Vaishali Shridhar Jagtap v. Shridhar Vishwanath Jagtap (2016) 14 SCC 356, the bench observed, that the convenience of the wife has to be looked into and given priority while deciding a petition for transfer of a matrimonial dispute.

Further placed reliance on Santhini v. Vijaya Venketesh (2018) 1 SCC 1, where the Supreme Court was of the opinion that a husband ordinarily shall take proceedings in court in whose jurisdiction the wife resides and that will lesser inconvenience to the parties and avoid delay.

Accordingly, the bench allowed the appeal.

Cause Title: Rajam Babu v. Babu K.K