IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 Tr.P(C).No. 337 of 2011() ------------------------- OP.1502/2010 of FAMILY COURT,THRISSUR .................... PETITIONER: ------------------------------- SILPA K.RADHAKRISHNAN, AGED 29, D/O.RADHAKRISHNAN, KODPPURATH HOUSE, `SHILSHARAM', MAKKANARI PARAMBA, JOSEPH ROAD, VELLAYIL P.O., CALICUT, PIN-673 032. BY ADV. SRI.S.K.SAJU SRI.A.RANJITH NARAYANAN SMT.A.SIMI RESPONDENT: --------------- MR.RAJESH KANJIRAPARAMPIL, AGED 36, S/O.(LATE) SUKUMARAN, KANJIRAPARAMBIL HOUSE, P.O.ANJOOR, CHERUVATHANI, KUNNAMKULAM, THRISSUR DISTRICT, PIN-680 523. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.P(C).No. 337 of 2011 APPENDIX PETITIONER(S) EXHIBITS ANNEXURE A1: TRUE COPY OF PETITION IN OP.1502/2010 PENDING BEFORE THE FAMILY COURT, THRISSUR. ANNEXURE A2: TRUE COPY OF PETITION IN OP.618/2011 PENDING BEFORE THE FAMILY COURT, KOZHIKODE. RESPONDENTS' EXHIBITS: NIL /True Copy/ P.A to Judge THOMAS P. JOSEPH, J. ---------------------------------------- Tr.P(C).No.337 of 2011 --------------------------------------- Dated this 11th day of November, 2011 ORDER Petitioner/wife seeks transfer of O.P.No.1502 of 2010 from the Family Court, Thrissur to the Family Court, Kozhikode. That is a petition filed by the respondent for restitution of conjugal rights. Petitioner has filed O.P.No.618 of 2011 in the Family Court, Kozhikode for dissolution of marriage. Petitioner states that though she is working abroad, her permanent residence is at Calicut and that whenever she gets leave, she comes to her paternal home at Calicut and has to travel up to Thrissur to contest O.P.No.1502 of 2010. It is also stated that since petitioner has filed O.P.No.618 of 2011 for dissolution of marriage, it is appropriate that both the cases are tried and disposed of by the same Court. 2. Respondent though served, does not appear. 3. The Supreme Court in Sumitha Singh Vs. Sanjay Kumar & Another (AIR 2002 SC 396) and Arti Rani Lrs. Pinki Devi and Another Vs. Darmendra Kumar Gupta (2008 (9) SCC 353) has stated that while considering the request for transfer in matrimonial proceedings convenience of the wife has Tr.P(C).No.337 of 2011 -: 2 :- to be looked into. It is seen that petitioner has filed O.P.No.618 of 2011 in the Family Court, Kozhikode for dissolution of marriage. In that situation, it is appropriate that O.P.No.1502 of 2010 which is for restitution of conjugal rights and O.P.No.618 of 2011 for dissolution of marriage are tried and disposed of jointly by the same Court. Though, petitioner is working abroad her paternal residence is at Calicut. 4. Having regard to the circumstances stated, I am inclined to think that both the cases are to be tried in Family Court, Calicut. The comparative hardship is more on petitioner if the request for transfer is not allowed. The inconvenience that may be caused to the respondent can be reduced by directing that he can appear in the transferee Court through counsel except when his physical presence is required. Resultantly this petition is allowed as follows: (i) O.P.No.1502 of 2010 pending in the Family Court, Thrissur is withdrawn from that court and made over to the Family Court, Kozhikode. (ii) The transferor court shall transmit records of the case to the transferee court with due intimation to the counsel on both sides as to the date of appearance in the transferee court. (iii) It is made clear that except when the physical presence of respondent is necessary it is open to him to appear through counsel in the transferee court. Tr.P(C).No.337 of 2011 -: 3 :- (iv) The Family Court, Kozhikode is directed to post all the cases between petitioner and the respondent and pending in that Court, as far as possible on the same dates. (THOMAS P. JOSEPH, JUDGE) Sbna/-