IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 Tr.P(C).No. 197 of 2008() ------------------------- OP(HMA).646/2008 of FAMILY COURT, MALAPPURAM .................... PETITIONER (S): -------------------- SREEJA, W/O.T.UNNIKRISHNAN, CHUNDAKKKATTU MALAYIL, KURAVANKUZHY P.O., PATHANAMTHITTA. BY ADV. SRI.T.P.PRADEEP RESPONDENT(S): --------------- T.UNNIKRISHNAN, THACHARACKAL HOUSE, NIRAMARUTHOOR P.O., MALAPPURAM. ADV. SRI.BABU S. NAIR FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/02/2009, ALONG WITH TPC NO.271 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: TPC 197/08 ORDER IN IA NO.1887/08 IN TR.P.C.NO.197/2008 DISMISSED 24.2.2009 SD/- K.T.SANKARAN , JUDGE K.T.SANKARAN, J. --------------------------------------------- Tr.P.(C).No.197 of 2008 & Tr.P.(C) No.271 of 2008 --------------------------------------------- Dated this the 24th day of February, 2009 ORDER Transfer Petition No.197 of 2008 is filed by the petitioner wife to transfer O.P.(HMA) No.646 of 2008 pending before the Family Court, Malappuram to the Family Court, Thiruvalla. Transfer Petition No.271 of 2008 is filed by the wife to transfer O.P.(GW) No.747 of 2008 pending before the Family Court, Malappuram to the Family Court, Thiruvalla. 2. The respondent husband filed O.P.(HMA) No.646/08 before the Family Court, Malappuram against the petitioner for dissolution of marriage. The mother of the petitioner is also a party to that proceeding. O.P.(GW) No.747/08 was filed by the husband before the Family Court, Malappuram against the petitioner for custody of the children. The wife filed O.P.No.703 of 2008 before the Family Court, Thiruvalla against the husband for realisation of money. She also filed M.C.No.242/08 before the Family Court, Thiruvalla against the husband claiming maintenance for her and the children. All the four cases are TPC No.197 & 271/2008 2 pending before the respective courts. 3. The petitioner wife is a native of Pathanamthitta, within the jurisdiction of the Family Court, Thiruvalla. The respondent husband belongs to Niramaruthoor near Tirur in Malappuram District within the jurisdiction of the Family Court, Malappuram. The respondent is working in Russia and he runs an Ayurvedic Clinic there. After the marriage, the husband and the wife went to Russia. She stated that thereafter, she came to Delhi for higher education in the field of her profession. Now the wife is settled at Pathanamthitta. The respondent husband is still working in Russia. As on today, there are four cases between the parties. Two cases are pending before the Family Court, Malappuram and the other two cases pending before the Family Court, Thiruvalla. The wife prays for transfer of the two cases pending before the Family Court, Malappuram to the Family Court, Thiruvalla. This prayer is opposed by the husband. He stated that Family Court, Thiruvalla has no jurisdiction as the marriage was solemnised within the jurisdiction of the Family Court, Malappuram and the parties last resided together within that jurisdiction. The wife contends that the parties last resided TPC No.197 & 271/2008 3 together within the jurisdiction of Family Court, Thiruvalla. 4. In these transfer petitions, it is not necessary to consider the question of jurisdiction. If the cases are transferred from the Family Court, Malappuram to te Family Court, Thiruvalla, the right of the respondent to challenge the jurisdiction of the Family Court, Thiruvalla in respect of the two cases filed by the wife would not be affected. As things stand, both parties have to attend the Family Court, Malappuram and the Family Court, Thiruvalla. To attend the Family Court, Malappuram, the wife has to travel more than 250 kms. from Pathanamthitta to Malappuram. The respondent husband being in Russia, it does not matter whether the cases are taken up before the Family Court, Malappuram or before the Family Court, Thiruvalla. The wife states that her father died in the year 2002 and that her children are aged 8 years and 3 years only. She says that she is not in a position to travel such a long distance to attend the Family Court, Malappuram and that there is no help for her in the family for that purpose. 5. Having heard the learned counsel for the parties and considering the comparative hardship of both parties if the cases TPC No.197 & 271/2008 4 are transferred from one court to another, and also taking into consideration that the respondent is working in Russia, I am of the view that it is only just and proper to transfer the two cases pending before the Family Court, Malappuram to the Family Court, Thiruvalla. To suit the general convenience of the parties and to facilitate the parties to produce common evidence and common documents before the same court and to avoid conflicting findings, it is necessary that all the cases are taken up before the same court. There is no prayer by the husband to transfer the cases from the Family Court, Thiruvalla to the Family Court, Malappuram. In these circumstances, I allow the Transfer Petitions. O.P. (HMA) No.646/08 and O.P.(GW) No.747/2008 pending before the Family Court, Malapuram shall stand transferred to the Family Court, Thirvalla. The Registry shall send copy of the judgment to the Family Court, Malappuram as well as the Family Court, Thiruvalla. K.T.SANKARAN, JUDGE csl