High Court Orders Transfer of Matrimonial Case Based on Wife's Convenience

In a significant ruling, the High Court of Kerala at Ernakulam has ordered the transfer of a matrimonial case to prioritize the convenience of the wife. The judgment, delivered by the Honorable Mr. Justice Anil K. Narendran and the Honorable Mr. Justice P.G. Ajithkumar on Wednesday, 21st June 2023, highlights the importance of considering the convenience of the wife in matrimonial disputes.

The court, in its judgment, stated, "When a transfer is sought by the wife in consideration of her convenience, that request shall ordinarily be allowed by the court." The ruling emphasizes the significance of the wife's convenience and her right to choose the court for legal proceedings.

The case involved Rajam Babu, aged 69, who filed a transfer petition seeking the transfer of O.P.No.2752 of 2019 from the Family Court in Ernakulam to the Family Court in Thrissur. The petitioner, in her plea, cited her convenience and the need for a joint trial of the divorce petition and the petition for restitution of conjugal rights. However, the transfer petition was initially dismissed by the lower court.

Upon reviewing the case, the High Court referred to previous Supreme Court judgments that emphasized the wife's convenience in such matters. The court noted that a joint trial of both petitions is essential to avoid conflicting decisions. Considering the age and comparative hardship of both parties, the court concluded that transferring the case was necessary.

Citing Section 21A of the Hindu Marriage Act, 1955, the court held that a transfer of the case was warranted as per the provision's requirements. The judgment further underscored that the dignity of a woman is upheld when her choice and convenience are respected, particularly in family matters.

Date of Decision: 21st day of June 2023

RAJAM BABU vs BABU K.K