Kerala High Court: Wife’s Convenience Matters in Matrimonial Dispute Transfers
In a recent decision, the Kerala High Court ruled that the wife’s convenience should be the primary factor when transferring matrimonial cases between courts. The court ordered the transfer of a divorce case from the Family Court in Ernakulam to the Family Court in Thrissur to support the wife’s request.
The petitioner, Rajam Babu, had sought the transfer of the case for her ease of access, as she is seeking divorce from her husband. The court, consisting of Justices Anil K. Narendran and P.G. Ajithkumar, passed the judgment on June 21, 2023.
The bench observed that while both parties are elderly—Rajam Babu is 69 years old, and her husband is 72—no special reason was provided to oppose the transfer. As a result, the transfer request was granted to prioritize the wife’s comfort.
The court referenced Section 21A of the Hindu Marriage Act, 1955, and cited the Supreme Court’s judgment in Guda Vijayalakshmi v. Guda Ramchandra Sekhara Sastry, which encourages joint trials in divorce and conjugal rights cases. This helps prevent contradictory verdicts in related proceedings.
The court noted that the husband’s divorce petition was pending in Ernakulam, while the wife’s petition for restitution of conjugal rights was already filed in Thrissur. In such situations, legal provisions allow for the transfer of one case to ensure both are heard together in the same court.
By allowing the transfer, the Kerala High Court reinforced the principle that the wife’s convenience should guide judicial decisions in matrimonial case transfers, particularly when elderly parties are involved.
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