Facts of the Case

The petitioner, Teena Abraham, filed the Transfer Petition (Civil) seeking transfer of O.P.(Div) No. 153/2022 from the Family Court, Kollam to the Family Court, Mavelikkara.

The petitioner stated that she was residing in Mulakuzha Village, Alappuzha District, which falls within the jurisdiction of the Family Court, Mavelikkara.

Two other proceedings between the parties were already pending before the Family Court, Mavelikkara:

  • O.P. No. 764/2022, filed by the petitioner for realisation of patrimony; and
  • M.C. No. 72/2022, filed by the petitioner seeking monthly maintenance allowance.

The petitioner stated that she was a homemaker and was dependent upon her parents for the sustenance of herself and her two minor children. The children were studying at MMAR School, Chengannur. It was further stated that one minor child had neuro-disability-related problems and required special care and protection.

The petitioner’s residence was approximately 68 kilometres from the Family Court, Kollam, whereas, if the divorce proceeding were transferred to the Family Court, Mavelikkara, she would have to travel only approximately 15 kilometres.

Issues Involved

The principal issues before the High Court were:

  1. Whether O.P.(Div) No. 153/2022 pending before the Family Court, Kollam should be transferred to the Family Court, Mavelikkara.
  2. Whether the petitioner’s status as a homemaker dependent upon her parents, her responsibility for two minor children, and the special care requirements of one child justified the requested transfer.
  3. Whether the pendency of connected family proceedings between the same parties before the Family Court, Mavelikkara supported transfer of the divorce proceeding to that court.
  4. Whether the proposed transfer would cause prejudice to the respondent.

Petitioner’s Arguments

The petitioner contended that:

  • She was residing within the jurisdiction of the Family Court, Mavelikkara.
  • She was a homemaker and depended upon her parents for the sustenance of herself and her two minor children.
  • Her children were studying in Chengannur.
  • One minor child had neuro-disability-related problems and required special care and protection.
  • Her residence was about 68 kilometres from the Family Court, Kollam.
  • She would need to travel only about 15 kilometres if the matter were transferred to the Family Court, Mavelikkara.
  • Two other proceedings between the parties, namely O.P. No. 764/2022 and M.C. No. 72/2022, were already pending before the Family Court, Mavelikkara.

Accordingly, the petitioner sought transfer of the divorce proceeding from Kollam to Mavelikkara.

Respondent’s Arguments

The respondent entered appearance through counsel and submitted that transfer of the Original Petition would not cause any prejudice to him, particularly because other litigations between the parties were already pending before the Family Court, Mavelikkara.

Thus, the respondent did not raise an objection based on prejudice against the proposed transfer.

Court’s Findings

The Kerala High Court considered the arguments advanced from both sides and found that transferring O.P.(Div) No. 153/2022 to the Family Court, Mavelikkara would benefit both parties.

The Court particularly took into account the overall factual background, including:

  • the petitioner’s residence within the jurisdiction of the Family Court, Mavelikkara;
  • the pendency of other litigations between the same parties before that Family Court;
  • the petitioner’s circumstances as a homemaker;
  • her dependence upon her parents for sustenance;
  • her responsibility for two minor children;
  • the special care and protection required by one minor child; and
  • the substantial difference in travel distance between the two Family Courts.

The Court also noted the respondent’s submission that the transfer would not cause prejudice to him because other litigations between the parties were already pending before the Family Court, Mavelikkara.

Court Order

The High Court allowed the Transfer Petition (Civil) and ordered that:

  • O.P.(Div) No. 153/2022, pending before the Family Court, Kollam, be transferred to the Family Court, Mavelikkara.
  • The Family Court, Kollam shall immediately transmit all records relating to O.P.(Div) No. 153/2022 to the Family Court, Mavelikkara for early consideration.
  • The transferee court shall make earnest endeavours to dispose of the transferred Original Petition, as well as the other petitions pending before it, as expeditiously as possible.

Important Clarification

A significant clarification arising from the judgment is that the Court did not base the transfer merely on one isolated circumstance. The decision emerged from the combined factual position that:

  • the petitioner resided closer to the transferee court;
  • she was responsible for two minor children;
  • one child required special care and protection;
  • she was a homemaker dependent upon her parents;
  • connected proceedings between the same parties were already pending before the proposed transferee Family Court; and
  • the respondent expressly submitted that the transfer would cause him no prejudice.

Accordingly, the judgment demonstrates that, in matrimonial transfer proceedings, the Court may consider practical hardship, childcare responsibilities, special circumstances affecting minor children, travel distance, pendency of connected proceedings, absence of prejudice to the opposite party, and the overall benefit of having related family disputes dealt with before the same Family Court.

Section / Provision Involved

The judgment concerns the High Court’s jurisdiction in a Transfer Petition (Civil) seeking transfer of matrimonial proceedings from one Family Court to another. The judgment itself does not expressly mention a specific statutory section under which the transfer petition was filed. Therefore, no statutory provision should be attributed to the case beyond what is expressly recorded in the judgment

Link to download the order -

https://www.mytaxexpert.co.in/uploads/1783320240_1206compressed.pdf

Disclaimer

This content is shared strictly for general information and knowledge purposes only. Readers should independently verify the information from reliable sources. It is not intended to provide legal, professional, or advisory guidance. The author and the organisation disclaim all liability arising from the use of this content. The material has been prepared with the assistance of AI tools.