IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 TR.P(C).NO. 284 OF 2010() --------------------------------------- OP.962/2010 OF FAMILY COURT, NEDUMANGAD .................... PETITIONER: ------------------- SINCY SUNNY, D/O. SUNNY YOHANNAN, JENI BHAVAN, PERISSERY P.O., PULIKKAL VILLAGE, PULIKKAL PANCHAYAT, CHENGANNUR TALUK, ALLEPPEY DISTRICT. BY ADV. SRI.SATHISH NINAN SRI.SANTHOSH MATHEW SRI.ARUN THOMAS SRI.JENNIS STEPHEN RESPONDENT(S): ------------------------- 1. MIDHULESH @ CHANDU, S/O. DEVADAS, PRASANNALAYAM, MEENMUTTY, PALODE VILLAGE, NEDUMANGAD TALUK. 2. DEVADAS, PRASANNALAYAM, MEENMUTTY, PALODE VILLAGE, NEDUMANGAD TALUK. ADV. SRI.J.JAYAKUMAR FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Tr.P(C) No.284 of 2010 ==================================== Dated this the 22nd day of November, 2010 O R D E R This petition by the wife is for transfer of O.P. No. 962 of 2010 from Family Court, Nedumangad to Family Court, Kottarakkara. That is a petition filed by the respondent-husband for restitution of conjugal rights. Petitioner is a resident of Chengannur Taluk and has filed O.P. No.734 of 2010 against the respondent for divorce, O.P. No.733 of 2010 for recovery of gold ornaments and other reliefs and M.C. No.247 of 2010 for maintenance, all in Family Court, Kottarakkara. Petitioner is a resident of Chengannur Taluk and she has to travel a long distance to Nedumangad. Hence the request for transfer. Application is opposed by the respondent. According to the respondent, petitioner eloped with her paramour. 2. It is not necessary for me to go into those matters in this petition. I am concerned with the request for transfer made by petitioner. Admittedly three cases filed by petitioner against the respondent are pending in Family Court, Kottarakkara. Respondent has not so far requested transfer of those cases. Petitioner is a Tr.P(C) No.284 of 2010 -: 2 :- resident of Chengannur Taluk. She has to travel a long distance to reach Family Court, Nedumangad. She has to be accompanied by somebody which involves expenses also. In the circumstances I am satisfied that comparative hardship is more on petitioner if the request for transfer is not allowed than the inconvenience that may be caused to the respondent by allowing transfer. Moreover it is only appropriate that all the cases are to be tried and disposed of by the same court. Hence I am inclined to allow this petition. Resultantly, this petition is allowed in the following lines: (i) O.P. No.962 of 2010 pending in Family Court, Nedumangad is withdrawn from that court and made over to Family Court, Kottarakkara. (ii) 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. Tr.P(C) No.284 of 2010 -: 3 :- (iii) The transferee court shall ensure that O.P. No.962 of 2010 (transferred to that court) and O.P. No.734 of 2010, O.P. No.733 of 2010 and M.C. No.247 of 2010 (all pending in the transferee court) are posted on the same dates, as far as possible. (iv) It is made clear that except when physical presence of respondent in the transferee court is necessary he can appear through counsel. THOMAS P. JOSEPH, JUDGE. vsv