Kerala HC Prioritizes Wife’s Convenience in Matrimonial Case Transfer
The Kerala High Court recently ruled that in matrimonial dispute transfers, the wife’s convenience should be given priority. Based on this, the court allowed the transfer of a divorce case from the Family Court in Ernakulam to the Family Court in Thrissur.
The case involved Rajam Babu, a 69-year-old woman seeking a divorce from her 72-year-old husband. She had requested the transfer for her ease of access to the court.
The ruling was delivered on June 21, 2023, by Justice Anil K. Narendran and Justice P.G. Ajithkumar. The court noted that both the husband and wife were elderly and that no specific reason was provided to deny the transfer.
The High Court also referred to a Supreme Court judgment in Guda Vijayalakshmi v. Guda Ramchandra Sekhara Sastry, which emphasized the importance of joint trials in cases involving both divorce and restitution of conjugal rights. Citing Section 21A of the Hindu Marriage Act, 1955, the court concluded that transferring one of the cases was necessary to prevent conflicting decisions.
This ruling reinforces the principle that courts should consider the practical difficulties faced by women in matrimonial cases, ensuring fair and accessible legal proceedings.
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