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. 289 of 2011() ------------------------ OP.430/2011 of FAMILY COURT, KOTTARAKKARA ................... PETITIONER : -------------------- LINCY ABRAHAM, D/O.K.A.ABRAHAM, KOCHUKUNNEL HOUSE, THALIYAMPARA, KUNDUKADU, KILLANNUR VILLAGE, THRISSUR TALUK. BY ADV. SRI.K.S.BHARATHAN RESPONDENT : ---------------------- BINU DANIEL, S/O.DANIEL, SHIBU VILASAM HOUSE, VALAKAM VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT, P.O.VALAKAM-691532. BY ADV. SRI.SYAM J. SAM THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Tr.P(C).No. 289 of 2011() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE A 1 : COPY OF THE OP NO. 1163/2001 FILED ON 17.6.2011 FOR DIVORCE BEFORE THE FAMILY COURT, THRISSUR. ANNEXURE A 2 : COPY OF THE NOTICE SENT TO THE RESPONDENT ON 19.4.2011. ANNEXURE A 3 : COPY OF THE REPLY SENT BY THE RESPONDENT ON 10.5.2011. ANNEXURE A 4 : COPY OF THE PETITION FILED BY THE RESPONDENT ON 10.5.2011 BEFORE THE FAMILY COURT, KOTTARAKKARA FOR RESTITUTION OF CONJUGAL RIGHTS. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.S. TO JUDGE Mn THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No.289 of 2011 -------------------------------------- Dated this the 17th day of October, 2011. ORDER Petitioner-wife issued Annexure-A2, notice to the respondent-husband on 19.04.2011 alleging cruelty and seeking divorce. Respondent sent Annexure-A3, reply dated 10.05.2011 denying the allegations. On 10.05.2011 respondent filed O.P.No.430 of 2011 before the Family Court, Kottarakkara for restitution of conjugal rights. Petitioner filed O.P.No.1163 of 2011 before the Family Court, Thrissur seeking divorce. Petitioner-wife wants O.P.No.430 of 2011 to be withdrawn from the Family Court, Kottarakkara and transferred to the Family Court, Thrissur. It is stated that petitioner is a resident of Kundukadu, in Thrissur District and that she is working at Amala Hospital, Thrissur. She has to travel long distance to Kottarakkara to contest O.P.No.430 of 2011. Learned counsel requests that in the circumstances case pending in the Family Court, Kottarakkara may be transferred to the Family Court, Thrissur. 2. Learned counsel for respondent while opposing the request for transfer has contended that respondent filed O.P.No.430 of 2011 before Family Court, Kottarakkara even before petitioner filed O.P.No.1163 of 2011 before Family Court, Thrissur. 3. In response, learned counsel for petitioner referred to Annexure- A2, notice dated 19.04.2011 issued by the petitioner, Annexure-A3, reply dated 10.05.2011 sent by the respondent and that respondent filed O.P.No.430 of Tr.P(C)No.289/2011 2 2011 on 10.05.2011 itself. 4. Admittedly, the petition (O.P.No.1163 of 2011) filed by the petitioner-wife is pending in Family Court, Thrissur. Having regard to the nature of allegations made and reliefs prayed for it is necessary that both the cases are disposed of by the same court. 5. 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 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. 6. Here, convenience of petitioner-wife requires that the proceedings are conducted at Family Court, Thrissur. Respondent is now working in Gulf and is appearing through his brother, power of attorney holder. The inconvenience that may be caused to the respondent or his power of attorney could be reduced by directing that he/they need appear in the Family Court, Thrissur only when his/their physical presence is required. I am inclined to allow the request for transfer. Resultantly this petition is allowed as follows: Tr.P(C)No.289/2011 3 (i) O.P.No.430 of 2011 pending in Family Court, Kottarakkara is withdrawn from that court and transferred to the Family Court,Thrissur for trial and disposal. (ii) The transferor court while transmitting records of the case to the transferee court shall fix date for appearance of parties in the transferee court with due intimation to the counsel for both parties. (iii) The transferee court shall post the cases - O.P.No.430 of 2011 (transferred to that court) and O.P.No.1163 of 2011 (pending in that court) as far as possible on the same dates. (iv) Respondent/his power of attorney holder can appear in the transferee court through counsel except when his/their physical presence is required. I.A.No.1948 of 2011 will stand dismissed. THOMAS P.JOSEPH, Judge. cks