IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Tr.P(C).No. 276 of 2011() ------------------------- OP.69/2010 of FAMILY COURT, NEDUMANGAD TO FAMILY COURT, KOLLAM ............................. PETITIONER (S): ----------------------- SALEENA, AGED 43 YEARS, D/O.SARADA PILLAI, RESIDING AT CHELOOR VEEDU HARINELLOOR SOUTH, THEVALAKKARA, CHAVARA, KOLLAM DISTRICT. BY ADVS. SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA) RESPONDENT(S): -------------------------- MOHAN KUMAR, AGED 52 YEARS S/O.SADASIVAN PILLAI, RESIDING AT RADHA BHAVAN, PANGODE P.O., KALLARA, NEDUMANGADU, THIRUVANANTHAPURAM - 695 609. ADVS. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2011 ALONG WITH 277/2011 & 285/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: AMV TPC NO.276 OF 2011 APPENDIX PETITIONER(S) ANNEXURES : A1. : COPY OF O.P.NO.205/2010 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, KOLLAM. A2. : COPY OF THE PETITION IN O.P. NO.69/2010 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, NEDUMANGADU. RESPONDENTS' ANNEXURES : NIL /TRUE COPY/ P.A. TO JUDGE AMV THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) Nos.276, 277 and 285 of 2011 -------------------------------------- Dated this the 2nd day of December, 2011. ORDER These petitions are filed by the wife seeking transfer of proceedings pending before the Family Court, Nedumangad to the Family Court, Kollam. Respondent-husband has filed O.P.No.69 of 2010 in the Family Court, Nedumangad for declaration of title to immovable property, O.P.No.265 of 2010 for restitution of conjugal rights and O.P.(G&W) No.943 of 2011 for custody of two minor children. In the meantime, petitioner-wife has filed O.P.No.205 of 2010 in the Family Court, Kollam for recovery of money, maintenance, etc. Petitioner wants the proceedings pending in the Family Court, Nedumangad to be transferred to the Family Court, Kollam where O.P.No.205 of 2010 is pending. It is stated that petitioner, aged 36 years is residing at Thevalakkara, in Kollam District and that she has to travel the long distance from her place of residence to the Family Court, Nedumangad. 2. Petition is opposed by the respondent. It is contended that there is no ground made out for transfer of the cases. It is also stated that there is possibility of the matter being settled between the parties. 3. The Supreme Court in Sumitha Singh v. Kumar Sanjay and another (AIR 2002 SC 396) and Arti Rani v. Dharmendra Kumar Gupta [(2008) 9 SCC 353] has held that while considering the Tr.P.(C) Nos.276, 277 and 285 of 2011 2 request for transfer of matrimonial proceedings convenience of the wife has to be looked into. 4. It is seen that O.P.No.205 of 2010 filed by petitioner-wife is pending in the Family Court, Kollam. Respondent-husband who is a resident of Pangod, in Thiruvananthapuram District has not sought for transfer of O.P.No.205 of 2010 for any reason whatsoever. Petitioner has to travel the long distance from her place of residence to the Family Court, Nedumangad to contest the cases. It is appropriate that all the cases are consolidated in the same court. Having considered various circumstances, I am inclined to think that comparative hardship is more on petitioner if request for transfer is not allowed. The inconvenience that may be caused to the respondent could be reduced by directing that he could appear in the Family Court, Kollam through counsel except when his physical presence is required. 5. So far as possibility of settlement is concerned, it is open to the parties or any of them to raise that question before the Family Court, Kollam and try for a settlement. Resultantly this petition is allowed as follows: (i) O.P.Nos.69 of 2010 and 265 of 2010 and O.P.(G&W) No.943 of 2011 pending in the Family Court, Nedumangad are withdrawn from that court and transferred to the Family Court, Kollam. for trial and disposal. Tr.P.(C) Nos.276, 277 and 285 of 2011 3 (ii) The transferor court while transmitting records of the cases to the transferee court shall fix the date for appearance of parties in the transferee court with due intimation to the counsel for both parties. (iii) The transferee court shall post all the cases - O.P.Nos.69 of 2010 and 265 of 2010 and O.P.(G&W)No.943 of 2011 (being transferred to that court) and O.P.No.205 of 2010 (pending in that court) as far as possible on the same dates. (iv) Respondent can appear in the transferee court through counsel except when his physical presence is required. (v) Parties may request the Family Court, Kollam to send the matter to the Adalath or to the Counselor of that court to ascertain whether there is possibility of settlement between parties. All pending interlocutory applications will stand dismissed. THOMAS P.JOSEPH, Judge. cks