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. 15 of 2009() TO TRANSFER OP 848/08 AND M.C.NO.730/2008 PENDING BEFORE THE FAMILY COURT, MALAPPURAM TO FAMILY COURT, KOZHIKODE. PETITIONER: -------------------- ABOOBACKER SIDDIQUE, ADVOCATE, S/O. LATE ABDULLA, MULLAMADAKKAL POOVATTIL HOUSE, PADIKKAL, VELIMUKKU P.O, THIRURANGADI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.R.RAMADAS RESPONDENT: --------------- NAJMATH, D/O. KUNHIMOHAMMED, PULIKKALAKATH HOUSE, ZAHIRA MANZIL, PARAPPANANGADI, CHETTIPPADI P.O., TIRURANGADI TALUK, MALAPPURAM. BY ADV. SRI.T.M.ABDUL AZEEZ THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ TR.P.(C) NO. 15 OF 2009 ------------------------------------------------------ Dated this the 25th February, 2009 O R D E R The petitioner, who is the respondent in O.P.No.848 of 2008 and M.C.No.730 of 2008, pending before the Family Court, Malappuram, has filed this Transfer Petition praying for transfer of the cases from Family Court, Malappuram to the Family Court, Kozhikode. The petitioner/ husband states that he is an Advocate by profession and he has practice in the Family Court, Malappuram also. Many of the litigants appearing before the Family Court, Malappuram are known to him and it will be embarrassing for him to appear before the Family Court, Malappuram to conduct his own case. He stated that though he has temporarily suspended his practice and joined for MBA Course, the fact remains that he is known to many of the litigants and Advocates practicing in the Family Court, Malappuram. The respondent/wife belongs to Chettippadi in Parappanangadi. It is stated that the distance to Family Court, Malappuram from her residence is 40 Kms., whereas the distance to the Family Court, Kozhikode is 30 Kms. According to the petitioner, it would be more convenient for the respondent/wife to attend the Family Court, Kozhikode. It is submitted that if the cases are transferred from Family Court, Malappuram to Kozhikode, the respondent would not be put to any prejudice. TR.P.(C) NO.15 OF 2009 :: 2 :: 2. The application is opposed by the respondent. It is contended that the petitioner is not practicing as Advocate now and, therefore, the reason stated for transferring the case is unsustainable. The respondent also pointed out that in the counter in the maintenance case, the petitioner has styled himself as a junior lawyer, who does not have much cases and has stated that he has stopped practice. This may be true because he might have stated so to get the amount of maintenance awarded on the lower side. The respondent wife can reach Kozhikode either by train or by bus, whereas to reach Malappuram, there is no facility to travel by train. 3. Taking into account all the facts and circumstances of the case and the place of residence of the parties and the hardship that would be caused to the parties, I am of the view that much prejudice would not be caused to the respondent, if the cases are transferred from Family Court, Malappuram to the Family Court, Kozhikode. On the other hand, though the petitioner/husband has stopped practice temporarily, his case that it would be embarrassing for him to appear before the Family Court, Malappuram appears to be genuine. Stopping of practice does not mean that the lawyers practicing in the Family Court, Malappuram do not know the petitioner. If a lawyer who was practicing before the Family Court were to appear as party in two cases filed by his wife, it would certainly TR.P.(C) NO.15 OF 2009 :: 3 :: cause embarrassment to him. For the aforesaid reasons, the Transfer Petition is allowed. O.P.No.848 of 2008 and M.C.No.730 of 2008, pending before the Family Court, Malappuram shall stand transferred to Family Court, Kozhikode. Registry shall send a copy of the order to the Family Court, Malappuram as well as the Family Court, Kozhikode. Learned counsel for the respondent submits that the Family Court may be directed to post the two cases on the same date. The petitioner does not have any objection for the same. Therefore, there will be a direction to the Family Court, Kozhikode to post the two cases on the same date. (K.T.SANKARAN) Judge ahz/