Introduction
The case of Reeny Roy vs. Vikash Cherian was brought before the High Court of Kerala at Ernakulam, with the judgment delivered on 21st December 2023. This case involves a transfer petition (Tr.P(C) No. 809 of 2023) filed by the petitioner, Reeny Roy, seeking the transfer of a matrimonial case from the Family Court in Kollam to the Family Court in Mavelikkara. The petition was presided over by the Honourable Mr. Justice C. Jayachandran.
Background
Reeny Roy, aged 32, filed the transfer petition citing her residence in Mavelikkara, which falls within the jurisdiction of the Family Court in Mavelikkara. The original petition (O.P.No.28/2023) was filed in the Family Court, Kollam, by her husband, Vikash Cherian, aged 35. Reeny sought the transfer of the case for her convenience, given her current place of residence. Despite being served notice, Vikash Cherian did not appear for the proceedings.
Key Arguments
- Petitioner’s Argument: Reeny Roy, represented by her advocates, Megha K. Xavier and C.A. Lincy, argued that the transfer of the case to the Family Court in Mavelikkara would be more convenient for her, as she resides within its jurisdiction. The argument was based on the premise that the convenience of the wife is a significant factor in determining the appropriate forum for matrimonial disputes.
- Respondent’s Position: Vikash Cherian did not present any counterarguments or objections as he did not appear in court despite being notified.
Court’s Observations
The court took into account the authoritative pronouncement of the Hon’ble Supreme Court in the case of Sumita Singh v. Kumar Sanjay & another [(2001) 10 SCC 41], which emphasizes the importance of the wife’s convenience in matrimonial cases. The court observed that since Reeny Roy resides within the limits of the Family Court in Mavelikkara, it was reasonable to consider her request for transferring the case to that jurisdiction.
Court’s Decision
Based on the presented arguments and the absence of any objections from the respondent, the court decided to allow the transfer petition. The order directed the transfer of O.P.No.28/2023 from the Family Court in Kollam to the Family Court in Mavelikkara. The court also instructed the transferor court to promptly transmit all relevant records to the transferee court to facilitate the smooth transfer of the case.
Conclusion
The decision in the case of Reeny Roy vs. Vikash Cherian underscores the judiciary’s consideration of convenience for parties involved in matrimonial disputes, particularly the wife. By transferring the case to the Family Court in Mavelikkara, the court demonstrated its adherence to established legal precedents and ensured that the proceedings would be more accessible for the petitioner. This judgment aligns with the broader judicial approach of prioritizing fairness and convenience in matrimonial matters.