In a recent ruling, the Kerala High Court has granted the transfer of a matrimonial dispute from the Family Court in Ernakulam to the Family Court in Thrissur.
The appellant, Rajam Babu, who is seeking a divorce from her husband, had requested the transfer of her case for her convenience.
The judgment was delivered by Justice Anil K. Narendran and Justice P.G. Ajithkumar on June 21, 2023 which said,
“Annexure I is the petition for divorce instituted by the husband pending before the Family Court, Ernakulam, and Annexure II is the petition for restitution of conjugal rights instituted by the wife pending before the Family Court, Thrissur. The wife is aged 69 years and the husband is aged 72 years. Both are age-old persons standing on the same pedestal regarding old age. No other special reason was brought to the notice of this court. Tr.P.(C) will stand dismissed.”
The court further cited the Supreme Court’s ruling in Guda Vijayalakshmi v. Guda Ramchandra Sekhara Sastry, highlighting the significance of joint trials to avoid conflicting decisions in cases involving divorce and restitution of conjugal rights. Referring to Section 21A of the Hindu Marriage Act, 1955, the court concluded that the transfer of one of the cases was necessary.
