IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 Tr.P(C).No. 200 of 2008 -------------------------------- O.P.539/2008 OF FAMILY COURT, ALAPPUZHA. .................... PETITIONERS: --------------------- 1. HIMA.R, D/O. REVAMMA, MUNJANADU VEEDU, PUVANPUZHA, KAVANDU.P.O, KOLLAM. 2. PAVITHRAN, AGED 55, MUNJANADU VEEDU, PUVANPUZHA, KAVANADU.P.O, KOLLAM. 3. REVAMMA, W/O. PAVITHRAN, MUNJANADU VEEDU, PUVANPUZHA, KAVANADU.P.O, KOLLAM. BY ADV. SRI.S.SUNIL NARAYANAN, ADV. SMT.HARIPRIYA.S. RESPONDENTS: ------------------------ 1. SHINE.S, S/O. SADANADAN, MANIMANDIRAM, MATTOM VADAKKU, THATTARAMBALAM, KANNAMAGALAM VILLAGE, ALAPPUZHA. 2. CHARLES, CHIRSTAFE MANDIRAM, HOUSE NO.54, SASTHA NAGAR, KOYOKKAL MUKKU, KILIKOLLUR, KOLLAM. ADV. SRI.R.RAMADAS FOR R1. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/10/2008, ALONG WITH TR.P.(C). NO. 237/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. THOMAS P. JOSEPH, J. --------------------------------------- Tr.P.(C) Nos.200 and 237 of 2008 ---------------------------------------------------- Dated this the 23rd day of October, 2008 J U D G M E N T These petitions are filed by the estranged husband and wife for transfer of the petitions filed by other side. Husband filed Tr.P.(C) No.237/2008 praying that O.P.No.611/2008 filed by the wife in the Family Court, Kollam be withdrawn from that court and transferred to the Family Court, Alappuzha, where he has already filed O.P.Nos.539/2008 and 541/2008 against the wife. Wife filed Tr.P.(C) No.200/2008 with prayer for withdrawal and transfer of O.P.Nos.539/2008 and 541/2008 filed by the husband in the Family Court, Alappuzha to the Family Court, Kollam. 2. Heard both sides. 3. Learned counsel for the husband contended that it was after getting intimation about the filing of O.P.Nos.539/2008 and 541/2008 in the Family Court, Alappuzha that the wife filed Tr.P.(C) Nos.200 and 237 of 2008 - 2 - O.P.No.611/2008 in the Family Court, Kollam. It is also contended by learned counsel that there is no invariable rule that every matrimonial case should be transferred to the place of residence of the wife. He referred me to the decision of the Hon'ble Supreme Court in Gurpreet Kaur V. Vipin Kumar Gupta [(2008) 1 SCC 231] and contended that the request for transfer has to be decided in the light of the facts and circumstances of each case. Learned counsel for the wife submitted that parents of the wife are aged at about 70 years and that it will be a harassment for her to go to the Family Court, Alappuzha, which is situated at 80 kilometres away from her residence to contest the cases. 4. In Reena Mehra V. Rohit Mehra [(2003) 2 SCC 291] the Hon'ble Supreme Court stated that a fair opportunity should be given to the parties to defend the case. In that case considering the place of residence of the wife, the case was allowed to be transferred to the court at the place of her residence. Tr.P.(C) Nos.200 and 237 of 2008 - 3 - 5. Both sides have filed petitions in the courts at their respective places of residence. For a fair and proper adjudication of the dispute involved in these cases, it is only appropriate that these cases are tried and disposed of by the same court. 6. Then the question is whether it should be the Family Court, Alappuzha or Family Court, Kollam. Though contention of the wife that her parents are aged at about 70 years does not appear to be correct from the age of the parents stated in Annexure R1 attached to the petition filed by husband, it is a fact that the wife has to travel from her residence at Kollam to Alappuzha which is stated to be around 80 Kms. away from her residence. She has to undertake the tedious journey whenever the case is taken for enquiry or such other purpose and her presence in court is required. Either she has to go alone or take her relatives also with her for which she has to incur substantial expenses. In the facts and circumstances of the case, I consider it just and proper that the case pending in the Family Court, Alappuzha is transferred to the Family Court, Kollam since that Tr.P.(C) Nos.200 and 237 of 2008 - 4 - would be more convenient to the wife and it does not cause prejudice to the husband. In the result, Tr.P.(C) No.200/2008 is allowed and O.P.Nos.539/2008 and 541/2008 pending in the Family Court, Alappuzha are withdrawn from that court and transferred to the Family Court, Kollam for trial and disposal. Tr.P.(C) No.237/2008 is accordingly dismissed. Sd/- THOMAS P. JOSEPH, JUDGE skr // True copy // P.A. to Judge.