IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 Tr.P(C).No. 360 of 2011 --------------------------------- [OP.NO.507/2011 OF FAMILY COURT, VADAKARA TO BE TRANSFERRED TO FAMILY COURT, MALAPPURAM TO BE TRIED WITH M.C. NO.792/2011] .................... PETITIONER/WIFE: --------------------------- 1. K.P.UBEENABAI, D/O.NARAYANAN KUTTY, KUTTIMEL PARAMBIL, P.O.MEENADATHUR, THANAALOOR, MALAPPURAM. 2. SWATHI LAKSHMI, AGED 2 YEARS, REPRESENTED THROUGH HER MOTHER AND NATURAL GUARDIAN THE IST PETITIONER HEREIN. BY ADV. SRI.A.KRISHNAN. RESPONDENT/HUSBAND: ------------------------------------- K.A.SAJITH KUMAR, S/O.BALAN, MANIYOTH VEEDU, KARIYATH KAVU.P.O., KOYILANDY VIA., SIVAPURAM AMSAM DESAM, KOZHIKODE DISTRICT - 673 001. BY ADVS. SRI.P.R.SREEJITH, SRI.M.PROMODH KUMAR. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: TR.P.(C).NO.360/2011: APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A: COPY OF THE M.C. 792/11 BEFORE THE HON'BLE FAMILY COURT, MALAPPURAM. ANNEXURE B: COPY OF THE O.P.NO.507/2011 BEFORE THE HON'BLE FAMILY COURT, VADAKARA. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.S. TO JUDGE Prv. THOMAS P.JOSEPH, J. ==================================== Tr.P(C) No.360 of 2011 ==================================== Dated this the 17th day of November, 2011 O R D E R This petition is for transfer of O.P. No.507 of 2011 from the Family Court, Vadakara to the Family Court, Malappuram. Respondent-husband filed that petition for restitution of conjugal rights. Petitioner has filed M.C. No.792 of 2011 in the Family Court, Malappuram claiming maintenance for herself and her two year old child. It is stated that petitioner is residing at Thanaaloor in Malappuram District and that she has to travel the long distance from her place of residence to reach Vadakara to contest the case. Hence the request for transfer. 2. Petition is opposed by the respondent. It is stated that petitioner and her people threatened the respondent even in front of room of Counselor attached to the Family Court and on hearing the commotion, Counselor had to come out to pacify the parties. The said allegation is denied by learned counsel for petitioner and according to him, no such incident has occurred. 3. The Supreme Court in Sumitha Singh v. Kumar Sanjay and another (AIR 2002 SC 396) and Arti Rani v. O.P(C) No.360 of 2011 -: 2 :- 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. 4. Presently, M.C. No.792 of 2011 filed by petitioner is pending in the Family Court, Malappuram. Respondent has not so far sought transfer of that case for any reason whatsoever. It is not disputed that petitioner, aged 26 years is residing at Thanaaloor in Malappuram District. She has to travel the long distance to Vadakara. She may have to be accompanied by somebody to Vadakara which involves expenses also. Moreover, in connection with M.C. No.792 of 2011 respondent has to appear in the Family Court, Malappuram. If at all there is any threat as contended by the respondent it is open to him to bring that matter to the notice of the Presiding Officer of the Family Court, Malappuram. Having regard to the circumstances stated I am inclined to think that request for transfer is to be allowed. The inconvenience if any of the respondent can be reduced by directing that he can appear in the transferee court through counsel except when his physical presence is required. Resultantly, Transfer Petition is allowed as follows: (a) O.P. No.507 of 2011 pending in O.P(C) No.360 of 2011 -: 3 :- the Family Court, Vadakara is withdrawn from that court and made over to the Family Court, Malappuram 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, Malappuram shall ensure that O.P.No.507 of 2011 (transferred to it) and M.C. No.792 of 2011 (pending in that court) are posted as far as possible on the same dates. (d) It is made clear that except when the physical presence of respondent in the transferee court is necessary, he can appear through counsel in that court. All pending interlocutory applications will stand dismissed. THOMAS P. JOSEPH, JUDGE. vsv