IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 Tr.P(C).No. 240 of 2011 -------------------------------- [O.P.NO.541/2010 OF FAMILY COURT,THRISSUR] .................... PETITIONER: ------------------- SHALI PUSHPARAJ, AGED 33 YEARS, W/O. PUSHPARAJ KRISHNAN, TC 27/2350, CRA 43, CONVENT ROAD, KAMPARA LANE, VANCHIYOOR, THIRUVANANTHAPURAM- 695 001. BY ADV. SMT.LAILA SUNIL. RESPONDENT: ---------------------- PUSHPARAJ, AGED 35 YEARS, S/O. K. KRISHNAN, 603/03, ASHIRVAD, POUND ROAD, P.O., PULLAZHI, THRISSUR - 680 012. BY ADVS. SRI.K.B.MOHANDAS, SRI.LELLULAL T.G.THUNDATHIL. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/10/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: TR.P.(C).NO.240/2011: APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE 1: COPY OF THE O.P. NO. 541/2010 BEFORE THE FAMILY COURT, THRISSUR. ANNEXURE 2: COPY OF THE O.P.(HMA).NO.682/2011 BEFORE THE HON'BLE FAMILY COURT, THIRUVANANTHAPURAM. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.S. TO JUDGE Prv. THOMAS P.JOSEPH, J. ==================================== Tr.P(C) No.240 of 2011 ==================================== Dated this the 24th day of October, 2011 O R D E R Petitioner-wife and respondent-husband are Dental Surgeons by profession and are at loggerheads. Petitioner filed O.P(HMA) No.682 of 2011 in the Family Court, Thiruvananthapuram claiming maintenance from the respondent. Respondent filed O.P. No.541 of 2010 in the Family Court, Thrissur for dissolution of marriage. Petitioner requests that the case pending in the Family Court, Thrissur may be transferred to the Family Court, Thiruvananthapuram. 2. Learned counsel submits that petitioner is aged 33 years, residing at Vanchiyoor in Thiruvananthapuram city and has to look after her daughters (twins) aged below five years. It is also stated except the aged father who is unable to travel there is nobody to accompany her to Thrissur which is more than 200 kms from her place of residence to contest the case. 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 stated that Tr.P(C) No.240 of 2011 -: 2 :- while considering the request for transfer of matrimonial proceedings convenience of the wife has to be looked into. That of course does not mean that inconvenience of the husband has to be ignored. Admittedly O.P(HMA) No.682 of 2011 filed by the petitioner is pending consideration in the Family Court, Thiruvananthapuram. If O.P. No.541 of 2010 filed by the respondent continues to be in the Family Court, Thrissur, petitioner has to travel more than 200 kms. Necessarily she has to be accompanied by somebody as she is aged only 33 years. It is stated that her father is aged and unable to travel. Petitioner has to look after her daughters (twins) aged below 5 years. In the circumstances stated I am inclined to think that hardship is comparatively more on petitioner in case request for transfer is not allowed. The difficulty if any of the respondent can be reduced by permitting him to appear in the transferee court through counsel except when his physical presence is required. Hence I am inclined to allow the petition. Resultantly, the Petition is allowed as follows: (a) O.P. No.541 of 2010 pending in the Family Court, Thrissur is withdrawn from that court and made over to the Family Court, Tr.P(C) No.240 of 2011 -: 3 :- Thiruvananthapuram for trial and disposal. (b) The transferor court while transmitting records of the case to the transferee court shall fix the date for appearance of parties in the transferee court with due intimation to the counsel on both sides. (c) Family Court, Thiruvananthapuram shall ensure that O.P. No.541 of 2010 (transferred to it) and O.P(HMA) No.682 of 2011 (pending in that court) are posted as far as possible on the same dates. (d) It is made clear that except when physical presence of respondent in the transferee court is necessary, he can appear through counsel. All pending interlocutory applications will stand dismissed. THOMAS P. JOSEPH, JUDGE. vsv