IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 Tr.P(C).No. 382 of 2011 -------------------------------- [OP.NO.784/2011 OF FAMILY COURT, ALAPPUZHA] .................... PETITIONERS/RESPONDENTS: -------------------------------------------- 1. MRS.JINEEN NAZIA BASHEER, W/O.MR.SHAYJU KASIM, MILAN,KRA B 86/3,T.C. 13/1061, VIDHYADIRAJA ROAD,KANNAMOOLA, THIRUVANANTHAPURAM. 2. SERAH DIYA SHAYJU, D/O.JINEEN NAZIA BASHEER, MINOR, REP. BY THE 1ST PETITIONER,MILAN,KRA B 86/3, T.C. 13/1061,VIDHYADIRAJA ROAD,KANNAMOOLA, THIRUVANANTHAPURAM. BY ADV. SRI.R.ANILKUMAR. RESPONDENT/PETITIONER: ---------------------------------------- SHAYJU KASIM, S/O.KASIM RAVUTHAR,SHA MANZIL, ADIKKATTU KULANGARA P.O, PALAMEL VILLAGE, MAVELIKKARA 690 504. BY ADVS. SRI.RASHEED C.NOORANAD, SRI.SUNI M.D, SMT.ANITHA M.N. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: TR.P.(C).NO.382/2011: APPENDIX PETITIONERS' ANNEXURES:- ANNEXURE A: THE TRUE PHOTOCOPY OF THE ORIGINAL PETITION NO.784/2011 DATED 29.06.2011 FILED BEFORE THE FAMILY COURT, ALAPPUZHA. ANNEXURE B: THE TRUE PHOTOCOPY OF THE PETITION IN OP NO.1529 OF 2011 DATED 01.10.2011 NOW PENDING BEFORE THE FAMILY COURT,THIRUVANANTHAPURAM. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. THOMAS P. JOSEPH, J. ---------------------------------------- Tr.P(C).No.382 of 2011 --------------------------------------- Dated this 12th day of December, 2011 ORDER This petition is filed by the wife and child seeking transfer of O.P.No.784 of 201 from the Family Court, Alappuzha to the Family Court, Thiruvananthapuram. That is a petition filed by the respondent seeking restitution of conjugal rights. It is stated that petitioners have filed O.P.No.1529 of 2011 in the Family Court, Thiruvananthapuram claiming maintenance from the respondent. It is also stated that petitioners are staying at Kannamoola, in Thiruvananthapuram city and that they have to travel long distance to Alappuzha to contest the case. 2. Learned counsel for respondent while opposing the petition submitted that if the matter is sent for mediation there is possibility of a settlement. But learned counsel for petitioners submits on instruction that there is no such possibility and requested to decide this original petition on merit. 3. The Supreme Court in Sumitha Singh Vs. Sanjay Kumar & Another (AIR 2002 SC 396) and Arti Rani Lrs. Pinki Devi and Another Vs. Darmendra Kumar Gupta (2008 (9) SCC 353) has stated that while considering the request for Tr.P(C).No.382 of 2011 -: 2 :- transfer in matrimonial proceedings convenience of the wife has to be looked into. Petitioners are staying at Kannamoola, in Thiruvananthapuram city. Second petitioner is the minor daughter. Admittedly O.P.No.1524 of 2011 filed by petitioners is pending in the Family Court, Thiruvananthapuram. Having regard to the circumstances stated it is appropriate that both the cases are decided by the same Court. I am also inclined to think that comparative hardship is more on petitioners if request for transfer is not allowed. Hence I am inclined to allow the petition. Resultantly this petition is allowed as follows: (i) O.P.No.784 of 2011 pending in Family Court, Alappuzha is withdrawn from that court and made over to the Family Court, Thiruvananthapuram. (ii) The transferor court shall transmit records of the case to the transferee court with due intimation to the counsel on both sides as to the date of appearance in the transferee court. (iii) The Family Court, Thiruvananthapuram is directed to post all cases between petitioners and respondent pending in that Court and transferred to it as far as possible on the same dates. (iv) It is made clear that except when physical presence of respondent is necessary it is open to him to appear through counsel in the transferee court. Tr.P(C).No.382 of 2011 -: 3 :- (v) If parties are desirous of settling the matter, they can request the Judge of Family Court, Thiruvananthapuram to send the matter for mediation. Sd/- (THOMAS P. JOSEPH, JUDGE) Sbna/-