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. 349 of 2011() ------------------------------------ OP(DIV).753/2011 OF FAMILY COURT, THIRUVALLA. .................... PETITIONER/DEFENDANT: --------------------------------------- NISHA ARAVIND, D/O.ARAVINDAKSHA PANICKER, AGED 26, KUTTICKAL HOUSE KATTOOR, KALAVOOR, ALAPPUZHA DISTRICT. BY ADV. SRI.R.AZAD BABU, SMT.H.ANJALIDEVI. RESPONDENTS/PETITIONERS: --------------------------------------------- 1. UNNIKRISHNAN L.G, S/O.GOPINATHAN, AGED 28, LAKSHMI BHAVAN, VENPALA PO, THIRUVALLA, PATHANAMTHITTA DISTRICT- 689 711. 2. K.K. GOPINATHAN, AGED ABOUT 62 RESIDING AT DO. DO.., 689 711. BY THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Tr.P(C).No. 349 of 2011 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE 1: COPY OF THE PETITION IN O.P(DIV) NO.753/2011 OF FAMILY COURT, THIRUVALLA. ANNEXURE 2: COPY OF THE PETITION IN O.P. NO. 1037/2011 OF FAMILY COURT, ALAPPUZHA. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE rs THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No.349 of 2011 -------------------------------------- Dated this the 11th day of November, 2011. ORDER This petition is filed by the wife seeking transfer of O.P.(Div.) No.753 of 2011 from the Family Court, Thiruvalla to the Family Court, Alappuzha. That is a petition filed by the first respondent-husband for divorce. It is stated that petitioner filed O.P.No.1037 of 2011 in the Family Court, Alappuzha seeking divorce, maintenance and return of gold ornaments and for other reliefs against the respondents – husband and the father in law. Learned counsel states that petitioner is staying with her aged father at Kalavoor, near Alappuzha, she is jobless, has no income and that she has to travel a long distance to reach Thiruvalla and that too boarding three buses. In the circumstances, it is necessary that O.P.(Div.) No.753 of 2011 is transferred to the Family Court, Alappuzha. It is also submitted by the learned counsel that since O.P.No.1037 of 2011 filed by petitioner is a more comprehensive proceeding claiming divorce as also other reliefs, it is necessary that O.P.(Div.) No.753 of 2011 is decided by the Family Court, Alappuzha. 2. Respondents though served have not appeared. 3. It is seen from the submission of the learned counsel that petitioner aged about 26 years is residing at Kalavoor, near Alappuzha town. Resondents belong to Venpala, near Thiruvalla, in Pathanamthitta District. O.P.No.1037 of Tr.P(C)No.349/2011 2 2011 filed by petitioner for various reliefs is pending before the Family Court, Alappuzha. Respondents have not so far sought for transfer of that case. It is appropriate that both the cases are tried and disposed of by the same court. 4. 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 request for transfer of matrimonial proceedings convenience of the wife has to be looked into. Having regard to the circumstances stated before me I am inclined to think that comparative hardship is more on petitioner if the request for transfer is not allowed. The inconvenience that may be caused to the respondents could be reduced by directing that they could appear in the Family Court, Alappuzha through counsel except when their physical presence is required. I am inclined to allow the request for transfer. Resultantly this petition is allowed as follows: (i) O.P.(Div.) No.753 of 2011 pending in the Family Court, Thiruvalla is withdrawn from that court and transferred to the Family Court, Alappuzha for trial and disposal. (ii) The transferor court while transmitting records of the case to the transferee court shall fix the date for appearance of parties in the Tr.P(C)No.349/2011 3 transferee court with due intimation to the counsel for both parties. (iii) The transferee court shall post the cases - O.P(Div.). No.753 of 2011 (being transferred to that court) and O.P.No.1037 of 2011 (pending in that court) as far as possible on the same dates. (iv) Respondents can appear in the transferee court through counsel except when their physical presence is required. I.A.No.2333 of 2011 will stand dismissed. THOMAS P.JOSEPH, Judge. cks