IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Tr.P(C).No. 358 of 2011() ----------------------------------- OP.NO.701/2011 of FAMILY COURT,KOZHIKODE .................... PETITIONER/ RESPONDENT ------------------------------------------- INDU K,D/O.VELAYUDHAN, AGED 34 YEARS,KAMMOOTH HOUSE, OORAKAM KEEZHMURI P.O, VENGARA,MALAPPURAM DISTRICT BY ADV. SRI.BABU S. NAIR SRI.K.RAKESH RESPONDENT(S)/ PETITIONER --------------------------------------------- P.G.ABHILASH, S/O.P.V.GANGADHARAN, 3/808,PAZHAMKULANGARA HOUSE, POTTANGADI RAGHAVAN ROAD, NADAKKADU P.O,KOZHIKODE DISTRICT. PIN -673 011 BY ADV. SRI.MANJERI SUNDERRAJ THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts TP(C)NO.358/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX A COPY OF THE PETITION FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, KOZHIKODE AS O.P.NO.701/2011 DATED,13/9/2011. ANNEX B COPY OF THE SUMMONS ISSUED BY THE FAMILY COURT, KOZHIKODE TO THE PETITIONER DATED, 17/9/2011. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.S.TO.JUDGE sts THOMAS P.JOSEPH, J. ==================================== Tr.P(C) No.358 of 2011 ==================================== Dated this the 22nd day of November, 2011 O R D E R Petitioner-wife seeks transfer of O.P. No.701 of 2011 from the Family Court, Kozhikode to the Family Court, Malappuram. Petitioner, aged 34 years is a resident of Vengara, in Malapuram District. She has filed O.P. No.215 of 2011 for return of gold ornaments, past maintenance, etc., against respondent and his parents. She has also filed M.C. No.249 of 2011 in the Family Court, Malappuram claiming maintenance from the respondent. It is stated that petitioner has to travel the long distance from her place of residence to reach Kozhikode to contest the case and since the cases are pending in different Family Courts, it is appropriate that all the cases are tried and disposed of by the Family Court, Malappuram. Hence the request for transfer. 2. Petition is opposed by the respondent. It is contended that it is not the difficulty of petitioner to travel but of her parents to travel to the Family Court, Kozhikode stated as reason for seeking transfer. It is also stated that parents of respondent are parties in O.P. No.215 of 2011 and they also find it difficult to travel from Kozhikode to Malappuram. Tr.P(C) No.358 of 2011 -: 2 :- 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 stated that while considering request for transfer of matrimonial proceedings convenience of the wife has to be looked into. Admittedly two proceedings filed by petitioner against the respondent are pending in the Family Court, Malappuram. So far, no request for transfer of those proceedings is made by the respondent. Petitioner, aged 34 years is residing at Vengara in Malappuram District. It is difficult for her to travel the long distance from her place of residence to Kozhikode to contest the case. True, it may cause some inconvenience to the respondent also which can be reduced by directing that he can appear in the transferee court through counsel except when his physical presence is required. Resultantly, Transfer Petition is allowed as follows: (a) O.P. No.701 of 2011 pending in the Family Court, Kozhikode is withdrawn from that court and made over to the Family Court, Malappuram for trial and disposal. (b) The transferor court while Tr.P(C) No.358 of 2011 -: 3 :- 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 on both sides. (c) Family Court, Malappuram shall ensure that O.P. No.701 of 2011 (transferred to it) and O.P. No.215 of 2011 and M.C. No.249 of 2011 (pending in that court) are posted as far as possible on the same dates. (d) It is made clear that except when physical presence of respondent in the transferee court is necessary, he can appear through counsel. All pending interlocutory applications will stand dismissed. THOMAS P. JOSEPH, JUDGE. vsv