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. 301 of 2011() ------------------------ OP.633/2011 of FAMILY COURT, KOZHIKODE .................. PETITIONER : -------------------- REMYA, AGED 25 YEARS, D/O.PRASAD CHANDRAN, KRISHNA KRIPA, SOUTH KONDAZHI, KONDAZHI, WADAKKENCHERRY, THRISSUR. BY ADVS. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SMT.M.M.DEEPA SRI.V.A.JOHNSON (VARIKKAPPALLIL) SRI.UNNI SEBASTIAN KAPPEN RESPONDENT : ----------------------- RAMKUMAR R., AGED 32 YEARS, S/O.RAMAN MENON, 'SALEENAM' HOUSE, PALAPPARAMBIL ROAD, KUTHIRAVATTAM P.O., KOZHIKODE-679016. BY ADVS. SRI.V.V.SURENDRAN SRI.P.A.HARISH THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Tr.P(C).No. 301 of 2011() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE - A : COPY OF THE NOTICE DATED 16/6/2011 OF THE FAMILY COURT, KOZHIKODE. ANNEXURE - B : COPY OF THE PETITION IN MC NO. 476/2011 FILED BEFORE THE FAMILY COURT, THRISSUR. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.S. TO JUDGE Mn THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No.301 of 2011 -------------------------------------- Dated this the 17th day of October, 2011. ORDER This petition is filed by the wife requesting transfer of O.P.No.633 of 2011 from Family Court, Kozhikode to the Family Court, Thrissur. That is a petition filed by the respondent-husband for restitution of conjugal rights. Petitioner, aged about 25 years is residing with her child aged two years in her parental home at Kondazhi, in Thrissur District. She has filed M.C.No.476 of 2011 in Family Court, Thrissur claiming maintenance from the respondent. It is stated that she has to travel long distance to Kozhikode to contest the case. Hence the request for transfer. 2. Learned counsel for respondent submitted that though respondent is residing at Kuthiravattam, in Kozhikode District he is working at Info Park, Thiruvananthapuram. It is submitted that O.P.No.633 of 2011 is posted before the Family Court, Kozhikode on 27.10.2011. Learned counsel requested that before the case is taken up for trial, parties may be sent for mediation. Learned counsel submitted that respondent has not so far been served with notice in M.C.No.476 of 2011. 3. 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 Tr.P(C)No.301/2011 2 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. 4. Since petitioner along with her child aged two years is staying at Kondazhi, in Thrissur District she has to travel the long distance to Kozhikode to contest O.P.No.633 of 2011. Moreover between the same parties M.C.No.476 of 2011 is pending before the Family Court, Thrissur. In these circumstances convenience of petitioner-wife requires that the case pending in Family Court, Kozhikode is transferred to the Family Court, Thrissur. The inconvenience that may be caused to the respondent could be reduced by directing that he need appear in the transferee court only when his physical presence is required. 5. Since it is admitted that respondent has not so far been served with notice in M.C.No.476 of 2011, it is directed that Family Court, Thrissur shall post that case on the day fixed by the transferor court for appearance of parties in O.P.No.633 of 2011 so that respondent could appear in M.C.No.476 of 2011 of Family Court, Thrissur. Resultantly this petition is allowed as follows: (i) O.P.No.633 of 2011 pending in the Family Court, Kozhikode is withdrawn from that court and transferred to the Family Court, Thrissur for trial and disposal. Tr.P(C)No.301/2011 3 (ii) 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 for both parties. (iii) The Family Court, Thrissur is directed to post M.C.No.476 of 2011 pending in that court also on the date fixed by the Family Court, Kozhikode for appearance of parties in O.P.No.633 of 2011 being transferred to the Family Court, Thrissur. (iv) The transferee court shall post the cases - O.P.No.633 of 2011 (transferred to that court) and M.C.No.476 of 2011 (pending in that court) as far as possible on the same dates. (v) Family Court, Thrissur is directed to try, before the cases are taken up for trial, whether there could be a mediation and settlement of the cases between parties. (vi) Respondent can appear in the transferee court through counsel except when his physical presence is required. I.A.No.2040 of 2011 will stand dismissed. THOMAS P.JOSEPH, Judge. cks