IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 Tr.P(C).No. 340 of 2009() ------------------------- * OP.1289/2009 of FAMILY COURT, NEDUMANGAD TO FAMILY COURT, KOTTARAKKARA. .................................... PETITIONER: -------------------- SUMITHA BEEVI, D/O.MOHAMMED KUNJU, SALIM MANZIL, ILLAMPANNOOR.P.O, CHADAYAMANGALAM, KOLLAM DISTRICT. BY ADV. SRI.SAJU.S.A RESPONDENT(S): ---------------------------- 1. ASEEM, S/O.BASHEER, ANAZ MANZIL, THIRUVELI, KALLIYODE, PANAVOOR.P.O, THIRUVANANTHAPURAM DISTRICT. 2. AYISHA BEEVI, W/O.MOHAMMED BASHEER, -DO- -DO- 3. MOHAMMED BASHEER, -DO- -DO- THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2011 ALONG WITH TPC NO. 368 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss *O.P.No.1289/2009 of Family Court, Nedumangad is corrected as O.P.No.1283/2009 of Family Court, Nedumangad vide order dated 06/12/2011 in I.A.2668/2011 in TRP(C) 340/2009. SD/- ASSISTANT REGISTRAR. Tr.P(C) NO.340/2009 APPENDIX PETITIONER'S ANNEXURES: ANNEX.1: COPY OF OP 962/2009 DTD. 03/11/2009 BEFORE THE FAMILY COURT, KOTTARAKKARA. ANNEX.2: COPY OF M.C.304/2009 ON THE FILE OF FAMILY COURT, KOTTARAKKARA DTD. NOVEMBER, 2009. ANNEX,3: COPY OF PETITION IN O.P.1289/2009 ON THE FILE OF FAMILY COURT, NEDUMANGAD DTD. 02/112009. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A. TO JUDGE Kss -THOMAS P JOSEPH, J. ---------------------------------------- Tr.P(C).Nos.340 and 368 of 2009 --------------------------------------- Dated this 18th day of July, 2011 ORDER Respondents in these transfer petitions are served through their counsel appearing in the trial court. That amounts to sufficient service on respondents in view of Rule 59 of the Kerala High Court Rules. Hence it is declared that respondents are duly served. 2. These petitions are for transfer of O.P.Nos.1289 of 2009 and 1488 of 2009 filed by the first respondent in Family Court, Nedumangad for restitution of conjugal rights and for recovery of gold ornaments, money etc. Petitioner/wife has filed O.P.No.962 of 2009 in Family Court, Kottarakara against respondents for recovery of value of gold ornaments and other reliefs. Petitioner requests that O.P.Nos.1289 of 2009 and 1488 of 2009 may be withdrawn from Family Court, Nedumangad and transferred to family Court, Kottarakkara where O.P.No.962 of 2009 is pending. Learned counsel submitted that petitioner is residing at Chadayamangalam, in Kollam district and has to travel a long distance to Nedumanagad to contest the cases pending in that Court. It is also submitted that since one of the Tr.P(C).Nos.340 and 368 of 2009 -: 2 :- cases are pending in Family Court, Kottarakkara and so far no request for transfer of that case is made by any of the respondents, it is appropriate that all the cases are tried and disposed of by the same Court. 3. The Supreme Court in Sumitha Singh Vs. Sanjay Kumar & Another (AIR 2002 SC 396) and Arti Rani Lrs. Pinki Devi and Another Vs. Darmendra Kumar Gupta (2008 (9) SCC 353) has stated that while considering the request for transfer in matrimonial proceedings convenience of the wife has to be looked into.. Petitioner is aged 29 years (as learned counsel for petitioner submits) and has a 2½ year old child to look after. She has to travel all the distance from Chadayamangalam to Nedumangad. Moreover, one of the cases between the parties is pending in Family Court, Kottarakkara and so far no request for transfer of that case is made. In the circumstances, I am inclined to think that comparative hardship is more on petitioner if request for transfer is disallowed. I am inclined to allow these petitions. Resultantly these petitions are allowed in the following lines: (i) O.P.Nos.1289 and 1488 of 2009 are withdrawn from Family Court, Nedumangad Tr.P(C).Nos.340 and 368 of 2009 -: 3 :- and transferred to Family Court, Kottarakkara . (ii) The transferor court shall transmit records of the case to the transferee court with due intimation to the counsel on both sides as to the date of appearance in the transferee court. (iii) It is directed that Family Court, Kottarakkara, as far as possible shall post all the cases – O.P.No.962 of 2009 of that Court and O.P.Nos.1289 of 2009 and 1488 of 2009 being transferred to it on the same dates. (iv) It is made clear that except when the physical presence of respondent is necessary it is open to them to appear through counsel in the transferee court. Sd/- (THOMAS P JOSEPH, JUDGE) Sbna/- Case No. “O.P.No.1289 of 2009' occurring in the 1st and 7th lines of paragraph 2 in page 1 and in clause 3(i) in page 2 and clause 3(iii) in page 3 of the operative portion in the common order dated 18/07/2011 in Tr.P(C).Nos.340/2009 and 368/2009 is corrected and substituted as “O.P.No.1283 of 2009” vide order dated 06/12/2011 in I.A.No.2668/2011 in Tr.P(C).No.340/2009. Sd/- Registrar (Judicial)