IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 Tr.P(C).No. 221 of 2011() ------------------------------ OP.272/2011 of FAMILY COURT, THIRUVALLA .................... PETITIONER/RESPONDENT -------------------------------- MARIYAMMA, AGED 31 YEARS, THADATHIL HOUSE, POOMKULANJI, PATHIRIKKAL MURI, POOMKULANJI P.O., PATHANAPURAM PANCHAYATH, PATHANAPURAM TALUK, PIN-689695. BY ADVS. SRI.K.SANEESH KUMAR SMT.M.LISHA RESPONDENT(S): PETITIONER ------------------------------------ GEO GEORGE, AGED 38 YEARS, S/O.GEORGE KUTTY, GEOKAY COTTAGE, AYAKOICKAL MURI, VADACKATHUKAVU P.O., ERATHU PANCHAYATH, ERATHU VILLAGE, ADOOR TALUK, PIN-691529. BY ADVS. SRI. K.SHAJ SRI.SAJJU.S THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs TPC. NO. 221/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1: COPY OF THE PETITION IN CRL.MC.NO.77/2011 DATED 25/02/2011 FILED BEFORE THE FAMILY COURT, KOTTARAKKARA. ANNEXURE A2: COPY OF THE PETITION IN O.P. NO.191/2011 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, KOTTARAKKARA. ANNEXURE A3: COPY OF THE OBJECTION FILED BY THE RESPONDENT IN O.P. NO.191/2011. ANNEXURE A4: COPY OF THE PETITION IN O.P. NO.272/2011 FILED BY THE RESPONDNET FOR DIVORCE BEFORE THE FAMILY COURT, THIRUVALLA. ANNEXURE A5: COPY OF THE OBJECTION FILED BY THE PETITIONER IN O.P. NO.272/2011. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No.221 of 2011 -------------------------------------- Dated this the 17th day of October, 2011. ORDER This petition is filed by the wife requesting to transfer O.P.No.272 of 2011 from Family Court, Thiruvalla to the Family Court, Kottarakkara. That is a petition filed by the respondent-husband seeking divorce. Petitioner wants that case to be transferred to the Family Court, Kottarakkara. Petitioner belongs to Pathanapuram while respondent belongs to Adoor. It is stated that petitioner has to travel long distance to Thiruvalla to contest the case. It is pointed out that petitioner has filed O.P.No.191 of 2011 and M.C.No.77 of 2011 in the Family Court, Kottarakkara against the respondent, the former for recovery of gold and money and the latter, claiming maintenance. Learned counsel submitted that the Family Court, Kottarakkara has posted the said cases in the Camp Court at Punalur as requested by petitioner where respondent is appearing. 2. Learned counsel for respondent submitted that in case O.P.No.272 of 2011 is to be transferred to the Family Court, Kottarakkara, it may not be sent to the Camp Court at Punalur. 3. In this proceeding, what is required is only to consider whether the case (O.P.No.272 of 2011) has to be transferred to the Family Court, Kottarakkara. If so ordered, it is for the Family Court, Kottarakkara to decide whether the case is to be taken up at the Camp Court at Punalur or not after hearing the parties. Tr.P(C) No.221/2011 2 4. 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 held that while considering the 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 opposite party need not be considered. 5. Admittedly two proceedings are pending in the Family Court, Kottarakkara. Having regard to that and as also the convenience of petitioner- wife aged about 31 years, it requires that the case be transferred to the Family Court, Kottarakkara. The inconvenience that may be caused to the respondent could be reduced by directing that he need appear in the Family Court, Kottarakkara only when his physical presence is required. I am inclined to allow the request for transfer. Resultantly this petition is allowed as follows: (i) O.P.No.272 of 2011 pending in Family Court, Thiruvalla is withdrawn from that court and transferred to the Family Court, Kottarakkara for trial and disposal. (ii) The transferor court while transmitting records of the case to the transferee court shall fix the date for appearance of parties in the Tr.P(C) No.221/2011 3 transferee court with due intimation to the counsel for both parties. (iii) Respondent can appear in the transferee court through counsel except when his physical presence is required. (iv) Family Court, Kottarakkara shall decide whether O.P.No.272 of 2011 being transferred to that court is to be taken up in the Camp Court at Punalur after hearing both sides. I.A.No.1617 of 2011 will stand dismissed. THOMAS P.JOSEPH, Judge. cks