K. Shaj vs Aaj Sudarasan on 20 March, 2024

Introduction

The case of K. Shaj vs Aaj Sudarasan, adjudicated on March 20, 2024, by the Kerala High Court at Ernakulam, presents an intricate legal battle between a husband and wife over the transfer of a divorce petition. The judgment, delivered by the Honourable Justices Anil K. Narendran and G. Girish, addresses the appellant’s request to transfer the original petition for divorce from the Family Court in Ernakulam to another jurisdiction.

Background

K. Shaj, the appellant and husband, filed Tr.P(C) No. 907 of 2023 under Section 24 of the Code of Civil Procedure, 1908. He sought the transfer of O.P. No. 1213 of 2021, a divorce petition filed by his wife, Aaj Sudarasan, from the Family Court in Ernakulam to the Family Court in Mavelikkara. The request for transfer was opposed by the respondent, Aaj Sudarasan. The initial petition for transfer was dismissed by a learned Single Judge on January 24, 2024, prompting K. Shaj to file an appeal under Section 5 of the Kerala High Court Act, 1958.

Key Arguments

During the proceedings on March 19, 2024, the court heard arguments from both sides. The learned Senior Counsel for the appellant and the counsel for the respondent presented their cases. The counsels on both sides sought an adjournment to consider whether the case could be transferred to either the Family Court in Kollam at Chavara or Alappuzha. The parties eventually expressed no objection to transferring the case to any suitable Family Court.

Court’s Observations

The court noted that after filing O.P. No. 1213 of 2021, the respondent-wife had been transferred to Thiruvananthapuram, where she currently works as an Additional District and Sessions Judge. Considering the logistical and practical implications of this transfer, the court took into account the convenience of both parties.

Court’s Decision

After evaluating the circumstances, the Kerala High Court decided to transfer O.P. No. 1213 of 2021 from the Family Court in Ernakulam to the Family Court in Kottarakkara. The decision aimed to facilitate a fair and convenient hearing for both parties involved in the divorce proceedings.

Conclusion

The judgment in K. Shaj vs Aaj Sudarasan highlights the court’s balanced approach in addressing transfer requests in divorce cases. By considering the professional and personal circumstances of both parties, the Kerala High Court ensured that the case would be heard in a venue that minimized inconvenience and supported judicial efficiency.

References:  https://indiankanoon.org//doc/3507951/

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