Ker HC | Convenience of lady is of paramount concern while considering transfer petitions in matrimonial disputes

Kerala High Court: Shircy V., J. allowed the transfer petition of the petitioner’s matrimonial dispute cases to the Family Court most convenient for her to appear before.

In the present case, the petitioner who resides with her minor child at her paternal home approached the Court seeking to transfer her matrimonial dispute cases to the Family Court in the district where she currently resides.

The Court while evaluating the facts and circumstances of the case took note of her hardships and the inconvenience she has to undergo while travelling up and down to the Family Court where her cases are pending. The Court further emphasised that such hardships were not uncommon especially amongst women who are aggrieved by such disputes.

Therefore, the Court laid stress on taking a lady’s convenience to travel while considering transfer petitions in the future too.[Valsala Nisha v. Rajesh Soman Nair, 2020 SCC OnLine Ker 3184, decided on 11-08-2020]

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