IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 Tr.P(C).No. 332 of 2008 TO TRANSFER OP.NO.914/2008 ON THE FILE OF THE FAMILY COURT, KOTTAYAM AT ETTUMANOOR TO THE FAMILY COURT, THODUPUZHA. PETITIONER MATHAI JOSEPH, S/O.MATHAI, AGED 50 YEARS, KAKKAD HOUSE, KATTAPPANA P.O., PARAKKADAVU, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.JOICE GEORGE RESPONDENT: MARYKUTTY JOSEPH, W/O.MATHA JOSEPH, AGED 46 YEARS, MANIMALAKUNNEL HOUSE, NARIYANANI P.O. LLANGULAM VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM. ADV. SRI.S.JAMES VINCENT THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/02/2009, ALONG WITH TPC NO.12 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: I.A.NO.2884/2008 IN TR.P.(C) NO.332/2008 DISMISSED 25/2/2009 SD/- K.T.SANKARAN, JUDGE //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ TR.P.(C) NO. 332 OF 2008 and TR.P.(C) NO. 12 OF 2009 ------------------------------------------------------ Dated this the 25th February, 2009 O R D E R Transfer Petition No.332 of 2008 is filed by the husband of the respondent praying to transfer O.P.No.914 of 2008, pending before the Family Court, Kottayam at Ettumanoor to the Family Court, Thodupuzha. Transfer Petition No.12 of 2009 is filed by the wife against the husband for transfer of O.P.No.355 of 2008, pending before the Family Court, Thodupuzha to the Family Court, Kottayam at Ettumanoor to be tried along with O.P.No.914 of 2008. 2. O.P.No.914 of 2008 was filed by the wife before the Family Court, Kottayam at Ettumanoor for return of dowry, ornaments, etc. It is stated that the wife has also filed a maintenance case before the Family Court, Kottayam at Ettumanoor (Annexure A4 in Transfer Petition No.12 of 2009). The husband has filed O.P.No.355 of 2008 before the Family Court, Thodupuzha against the wife for divorce. 3. According to the wife, she is unemployed and she has to maintain her mother, aged 80 years. It is stated by her that to reach TR.P.(C) NOS.332/2008 & 12/2009 :: 2 :: Thodupuzha from her residence, she has to travel by three buses. Wife says that she is not in a position to meet the expenses for travelling. The wife also states that the husband owns a chauffeur driven posh car. He owns a plantation having an extent of 15 acres. According to the wife, apart from this plantation, he is having leasehold right over an extent of ten acres of cardamom plantation, which is denied by the husband. The Transfer Petition filed by the wife would disclose that the husband owns several buildings, from which he gets around Rs.One lakh per month as rent. Learned counsel for the husband submits that his client gets only Rs.35,000/- as monthly rent. 4. The husband says that it is easier for him to attend the Family Court, Thodupuzha, apart from the fact that the Thodupuzha Court is the Court having jurisdiction. He also contends that the Family Court, Kottayam at Ettumanoor does not have jurisdiction to entertain O.P.No.914 of 2008. According to the husband, the distance from the house of the wife to Thodupuzha and to Ettumanoor is almost equal. 5. Taking into account the financial position of the parties, it is clear that the husband is in a better financial position. He is having a vehicle of his own whereas the wife does not have one. The wife has to depend on the public transport and she says that she has to travel in three TR.P.(C) NOS.332/2008 & 12/2009 :: 3 :: buses to reach the Family Court, Thodupuzha. When the hardship that would be caused to the parties in attending the respective Courts is considered, it can be seen that the hardship that would be caused to the wife would be more when compared with that of the husband. To suit the general convenience of the parties and also to avoid inconveniences to the wife to attend the Family Court, Thodupuzha, it is only just and proper that all the cases are tried by the Family Court, Kottayam at Ettumanoor. 6. For the aforesaid reasons, O.P.No.355 of 2008, pending before the Family Court, Thodupuzha shall stand transferred to the Family Court, Kottayam at Ettumanoor, where O.P.No.914 of 2008 filed by the wife is pending. Registry shall send a copy of this order to the Family Court, Kottayam at Ettumanoor and Family Court, Thodupuzha. Transfer Petition No.12 of 2009 is allowed and Transfer Petition No.332 of 2008 is dismissed. It is made clear that the husband would be entitled to raise all his contentions regarding lack of jurisdiction for the Family Court, Kottayam at Ettumanoor in respect of O.P.No.914 of 2008. (K.T.SANKARAN) Judge ahz/