IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 TR.P(C).NO. 92 OF 2010() ------------------------------------- OP.290/2010 OF FAMILY COURT, NEDUMANGAD .................... PETITIONER ------------------ SHERIN VARGHESE, THALASSERIYIL PUTHENPURAYIL HOUSE, OTHERA MURI, ERAVIPEROOR VILLAGE, THIRUVALLA TALUK. BY ADV. SRI.T.P.PRADEEP RESPONDENT(S): ------------------------- BINU MATHEW, MANJAKKALA HOUSE, CHITTAZHA MURI, VATTAPARA VILLAGE, NEDUMANGADU TALUK. ADV. SRI.M.R.SARIN FOR R THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/07/2010 ALONG WITH TPC NO. 133 OF 2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Tr.P(C) No. 92 of 2010 and Tr.P(C) No.133 of 2010 ==================================== Dated this the 16th day of July, 2010 O R D E R Wife has filed Tr.P(C) No.92 seeking transfer of O.P. No.290 of 2010 pending on the file of Family Court, Nedumangad to the Family Court, Thiruvalla. That is a petition filed by her husband seeking restitution of conjugal rights. Petitioner has filed O.P. No.239 of 2010 (wrongly stated as O.P. No.293 of 2010 in Tr.P(C) No.133 of 2010) against her husband and parents-in-law for recovery of gold ornaments and other reliefs. Husband and parents-in-law have filed Tr.P(C) No.133 of 2010 to transfer that case from the Family Court, Thiruvalla to Family Court, Nedumangad. Both sides have their own reasons to say that the case is to be transferred to the court of their choice. I have heard counsel on both sides. 2. It is seen that wife is a resident of Othera Muri in Thiruvalla Taluk. It is not disputed that her father is not alive and she is staying with her mother, she being the only child. She has filed O.P. No.239 of 2010 in the Family court, Thiruvalla which is Tr.P(C) Nos.92 & 133 of 2010 -: 2 :- sought to be transferred to the Family Court, Nedumangad as per Tr.P(C) No.133 of 2010. She has also filed M.C. No.66 of 2010 in the Family Court, Thiruvalla against her husband seeking maintenance. So far there is no request to transfer that case to the Family Court, Nedumangad. The husband is residing in Vattappara Village, Nedumangad Taluk and he is working as an Engineer. Counsel on both sides state that distance from Nedumangad to Thiruvalla is not less than 200 kms. If the case pending in Family Court, Thiruvalla is transferred to Family Court, Nedumangad the wife has to travel that much distance and probably accompanied by her mother or other relatives. Long distance is involved not to say about expenses that the lady has to incur. It is also to be stated that hardship and inconvenience are more on the wife than the husband. It is true that in O.P.No.239 of 2010 parents-in-law of the wife are involved but their inconvenience can be removed by directing that they need appear in the court concerned only when their physical presence is required. 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 stated that while considering request for transfer of Tr.P(C) Nos.92 & 133 of 2010 -: 3 :- matrimonial proceedings convenience of the wife has to be looked into. True, that does not mean that inconvenience of the husband has to be ignored. Having regard to the facts and circumstances of the case I am inclined to allow the request made by the wife in Tr.P(C) No.92 of 2010. Resultantly, these petitions are disposed of in the following lines: (i) Tr.P(C) No.133 of 2010 is dismissed. (ii) Tr.P(C) No.92 of 2010 is allowed. O.P. No.290 of 2010 pending in Family Court, Nedumangad is withdrawn from that court and made over to Family Court, Thiruvalla for disposal. (iii) The transferor court while transmitting records of the case shall fix date for appearance of the parties in the transferee court with due intimation to counsel for both parties. (iv) It is made clear that except when physical presence of respondents in O.P. No.239 of 2010 is necessary they can appear through counsel. Tr.P(C) Nos.92 & 133 of 2010 -: 4 :- (v) The transferee court shall ensure that all the cases including M.C. No.66 of 2010 are posted on the same dates as far as possible. THOMAS P. JOSEPH, JUDGE. vsv