IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 Tr.P(C).No. 223 of 2010() ------------------------- OP.36/2010 of FAMILY COURT, ALAPPUZHA .................... PETITIONER ------------------------------ SREEREKHA.K.N, KALLOOR VADAKKETHIL, VALLICODE MURI, VALLICODE VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.G.UNNIKRISHNAN SRI.K.SANEESH KUMAR RESPONDENT(S): --------------- SURESH KUMAR,THENGU VILAYIL HOUSE, KOMALLOOR PO, CHUNAKARA VILLAGE, ALAPPUZHA DISTRICT, 690505. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No.223 of 2010 -------------------------------------- Dated this the 19th day of August, 2010. ORDER Respondent is served on this petition but he has not responded. 2. This petition is filed by the wife seeking transfer of O.P. No.36 of 2010 from Family Court, Alappuzha to Family Court, Thiruvalla. That is a petition filed by the respondent/husband for restitution of conjugal rights. Petitioner/wife filed O.P.(HMA) No.428 of 2009 against respondent seeking divorce and O.P.No.429 of 2009 for recovery of patrimony and other reliefs, both in the Family Court, Thiruvalla. It is stated that petitioner is a resident of Vallicode in Pathanamthitta District and is staying with her parents. Respondent is a resident of Komalloor in Alappuzha District. Petitioner states that all the cases are to be consolidated in the same court to be tried and disposed of together to avoid divergent findings. It is stated that petitioner finds it difficult to travel all the distance from her place of residence to Family Court, Alappuza to defend O.P.No.36 of 2010. 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 while considering request for transfer of matrimonial proceedings convenience of the wife has to be looked into. True that does not mean that inconvenience if any of the Tr.P.(C) No.223/2010 2 husband need not be considered. In the present case two connected cases are pending in Family Court, Thiruvalla. Respondent has to defend those cases in that court. It is appropriate that all the cases are disposed of by the same court. But the issue regarding joint trial is a matter to be decided by the court concerned. 4. Petitioner/wife is staying at Vallicode in Pathanamthitta District and if the case continued at Family Court, Alappuzha she has to travel a long distance. She may have to be accompanied by some relatives which involves huge expenses also. Transfer of the case pending in Family Court, Alappuzha to Family Court, Thiruvalla will not cause that much inconvenience to the respondent since he has to attend that court to defend the cases instituted by petitioner. Considering the circumstances stated by petitioner and also the fact that two proceedings initiated by her are pending in Family Court, Thiruvalla I am inclined to allow this petition. Resultantly this petition is allowed in the following lines: i. O.P. No.36 of 2010 pending in Family Court, Alappuzha is withdrawn from that court and made over to Family Court, Thiruvalla for trial and disposal. Tr.P.(C) No.223/2010 3 ii. The transferor court shall, while transmitting records of the case to the transferee court fix date for appearance of parties in the transferee court with due intimation to the counsel on both sides. iii. The transferee court shall, as far as possible post all the cases on the same dates. I.A.No.1791 of 2010 will stand dismissed. THOMAS P.JOSEPH, Judge. cks