Introduction
The case of K. Shaj vs. Aaj Sudarasan revolves around a petition filed under Section 24 of the Code of Civil Procedure, 1908, by the husband, seeking the transfer of a divorce petition filed by the wife from the Family Court in Ernakulam to the Family Court in Mavelikkara. The appeal arises from the dismissal of this petition by the learned Single Judge, leading to the husband’s appeal to the High Court of Kerala.
Background
K. Shaj, the appellant, and Aaj Sudarasan, the respondent, are involved in a divorce petition filed by the wife, Aaj Sudarasan, before the Family Court in Ernakulam. The appellant sought the transfer of this case to the Family Court in Mavelikkara. The request for transfer was contested by the wife, leading to the dismissal of the transfer petition by the Single Judge.
Key Arguments
- Appellant’s Argument: The appellant argued that the case should be transferred to the Family Court in Mavelikkara for convenience and fairness.
- Respondent’s Argument: The respondent opposed the transfer, citing various reasons.
Court’s Observations
The High Court heard arguments from both sides and noted that the respondent had been transferred to Thiruvananthapuram, where she is currently working as an Additional District and Sessions Judge. Both parties expressed no objection to transferring the case to any Family Court.
Court’s Decision
The High Court, considering the circumstances, decided to transfer the case from the Family Court in Ernakulam to the Family Court in Kottarakkara.
Conclusion
The High Court’s decision to transfer the case to the Family Court in Kottarakkara demonstrates the court’s consideration for the convenience of both parties. The willingness of both parties to agree to the transfer further facilitated the decision-making process.
References: https://indiankanoon.org//doc/3507951/