IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 Tr.P(C).No. 71 of 2009 TO TRANSFER OP.753/2008 OF FAMILY COURT, PALAKKAD TO THE FAMILY COURT, THIRSSUR. PETITIONER -------------------- SARITHA K.B., D/O.BHASKARAN, AGED 27 YEARS, KULANGARA ILLAM, PAZHANJI POST, THRISSUR DISTRICT. BY ADV. SRI.C.HARIKUMAR SRI.ARAVINDA KUMAR BABU T.K. SMT.MADHURI ANAND RESPONDENT: --------------- MAHADEVAN, S/O.MANAVIKRAMAN, AGED 29 YEARS, PRANAVAM, KOZHIKOTTIRI POST, PATTAMBI, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.K.JAJU BABU SRI.A.HAROON RASHEED THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: I.A.NO.596/2009 IN TR.P.C.NO.71 OF 2009 DISMISSED 26/3/2009 SD/- K.T.SANKARAN, JUDGE //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ Tr.P.(C) NO. 71 OF 2009 ------------------------------------------------------ Dated this the 26th March, 2009 O R D E R The petitioner prays for transferring O.P.No.753 of 2008, pending before the Family Court, Palakkad to the Family Court, Thrissur, where M.C.No.402 of 2008 is pending. 2. O.P.No.753 of 2008 was filed by the husband before the Family Court, Palakkad, under Section 9 of the Hindu Marriage Act, for restitution of conjugal rights. The wife filed M.C.No.402 of 2008 before the Family Court, Thirssur, claiming maintenance from the husband. Both these cases are pending. The petitioner wife belongs to Pazhanji in Thrissur District. The respondent belongs to Kozhikottiri in Ottapalam Taluk. It is stated by the petitioner that from the residence of the respondent to Thrissur, there is not much distance. The distance from Kozhikottiri to Palakkad and the distance from Kozhikkottiri to Thrissur is almost equal. At the same time, the petitioner would find it very difficult to travel from Pazhanji to Palakkad. It is stated that the petitioner has to maintain her child aged 2 ½ years. Father of the petitioner is no more and there is nobody to accompany her to attend the Family Court, Palakkad. In these circumstances, the petitioner has prayed for transferring the case pending Tr.P.(C) NO.71 OF 2009 :: 2 :: before the Family Court, Palakkad to the Family Court, Thrissur. 3. Taking into account the hardship that would be caused to the parties if the cases are not transferred from one Family Court to the other, I am of the view that the hardship that would be caused to the wife would be greater. At any rate, the husband has to defend the maintenance case pending before the Family Court, Thrissur. To suit the general convenience of the parties and to avoid two proceedings before two Family Courts, it is always better to both parties to have the cases tried before the same Family Court. Taking into account the facts and circumstances of the case, I am of the view that the prayer for transfer made by the petitioner is just and reasonable. 4. Accordingly, the Transfer Petition is allowed. O.P.No.753 of 2008 pending before the Family Court, Palakkad shall stand transferred to the Family Court, Thrissur, where M.C.No.402 of 2008 is pending. Registry shall send a copy of this order to the Family Court, Palakkad and the Family Court, Thrissur. Learned counsel for the respondent pointed out that the petitioner did not co-operate with the counselling and she tried to protract the case. The only anxiety of the respondent is that the petitioner should not be Tr.P.(C) NO.71 OF 2009 :: 3 :: allowed to indulge in dilatory tactics. Learned counsel for the petitioner wife assured that the petitioner would co-operate with the proceedings and that there would be no attempt on her part to unnecessarily seek for adjournments. These submissions are recorded. The Family Court, Thrissur shall dispose of the cases expeditiously. (K.T.SANKARAN) Judge ahz/