Transfer Of Matrimonial Case At Advanced Stage Of Trial Unjustified: Kerala High Court
The Kerala High Court has recently held that a transfer of a matrimonial case at the advanced stage of trial was unjustified and improper while set aside an order transferring a matrimonial case from the Family Court, Kollam, to the Family Court, Punalur,
A Division Bench comprising Justice Sathish Ninan and Justice P. Krishna Kumar delivered the judgment while allowing a transfer appeal filed by the husband in the matrimonial dispute.
The husband had filed an original petition before the Family Court, Kollam, seeking annulment of his marriage which was solemnised in 2008 according to Hindu rites. The wife contested the petition and filed a counterclaim for restitution of conjugal rights.
During the proceedings, the wife also filed applications seeking to open a bank locker and recover her gold ornaments allegedly kept there. Those applications were dismissed by the Family Court.
Subsequently, the parties were referred to mediation, where they entered into a settlement agreement. As part of the settlement, the husband agreed to return the gold ornaments kept in the locker, and both parties agreed to cooperate for the expeditious disposal of the pending matrimonial case before the Family Court, Kollam.
After the settlement was implemented, the wife filed a transfer petition seeking to shift the case from Kollam to Punalur, contending that she was a practising advocate at the Kollam court centre and that appearing there as a litigant would cause inconvenience.
A Single Judge of the High Court allowed the transfer, prompting the husband to file an intra-court appeal before the Division Bench.
The Court, while considering the appeal, noted that the case had already reached the final stage of trial, with only the recording of evidence and final arguments remaining.
The Court observed that the wife had actively participated in the proceedings before the Kollam Family Court until the case reached the trial stage and that her grievance regarding inconvenience existed even earlier.
“We are of the considered opinion that, after the proceedings have progressed up to the stage of trial, the transfer of the case to another court is highly unjustified and improper. The grievance projected by the respondent existed even on 03.12.2024, when the case was posted for evidence.” the Court said.
The Bench further recorded the husband's undertaking that the wife's evidence could be recorded through a commissioner if appearing before the court caused any embarrassment or difficulty.
The Court has also pointed out that under the mediated settlement agreement, the wife had expressly agreed to cooperate with the proceedings before the Family Court, Kollam, for an expeditious disposal of the case.
Relying on its earlier decision in Vidhya Mundekkat v. Akhilesh Jayaram [MANU/KE/2592/2021], the Court reiterated that transfer of matrimonial proceedings cannot be granted as a matter of course merely because the wife pleads inconvenience.
The Court thus allowed the appeal and set aside the Single Judge's order transferring the case to the Family Court, Punalur.
Case Title: Binu Das B v Smitha Raj L
Case No: Tr. Appeal(C) 4/ 2026
Citation: 2026 LiveLaw (Ker) 131
Counsel for Appellant: Johnson Gomez, Sanjay Johnson, Sanjith Johnson, Abin Jacob Mathew, Deebu R, Arun Johny