IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 Tr.P(C).No. 222 of 2011() ------------------------- OP.344/2011 of FAMILY COURT, PALAKKAD .................... PETITIONER/RESPONDENT ----------------------------------------- KAMALA, AGED 39 YEARS, D/O.CHINNAN, NANIKKAVIL HOUSE, PATTANAM KUNDU, CHATHANGOTTUPURAM P.O., NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.PRINSUN PHILIP RESPONDENT(S): PETITIONER ------------------------- SANKARA NARAYANAN, AGED 5O YEARS, S/O.RAMAN, KARUVATHUPARAYIL HOUSE, KOTHAKURSI, PANAMANNA P.O., PALAKKAD DISTRICT - 691583. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No.222 of 2011 -------------------------------------- Dated this the 26th day of September, 2011. ORDER Respondent is served but, there is no response. 2. This petition is filed by the wife seeking transfer of O.P.No.344 of 2011 from Family Court, Palakkad to Family Court, Malappuram. That is a petition filed by the respondent - husband seeking divorce. It is stated that petitioner aged 39 years is residing at Pattanamkundu, in Malappuram District while respondent is residing at Kothakursi, in Palakkad District. It is also stated that at the instance of petitioner, the Police has filed C.C.No.319 of 2009 against respondent in the court of learned Judicial First Class Magistrate-II, Perinthalmanna for offence punishable under Section 498A of the Indian Penal Code. Petitioner has filed O.P.No.978 of 2009 and M.C.No.769 of 2008 for past and future maintenance from the respondent in the Family Court, Malappuram, both the proceedings were allowed and petitioner is initiating execution proceedings in the said cases. It is stated that petitioner is unable to travel all the distance to Palakkad. In the circumstances the request for transfer. 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 held that while considering Tr.P.(C)No.222/2011 2 request for transfer of matrimonial proceedings convenience of the wife has to be looked into. True that does not mean that inconvenience if any of the opposite party need not be considered. 4. It is seen that two cases – O.P.No.978 of 2009 and M.C.No.769 of 2008 filed by the petitioner against respondent filed in the Family Court, Malappuram were allowed in favour of petitioner. It is submitted that execution proceedings are going on in the said cases. Respondent has therefore to come to the Family Court, Malappuram in connection with those cases. Moreover petitioner – wife aged 39 years is residing at Pattanamkundu, in Malappuram District which is far away from Palakkad. On a consideration of the comparative hardship, I am inclined to think that petitioner will be put to more difficulty if the request for transfer is not allowed. The inconvenience if any that may be caused to the respondent could be reduced by directing that he need appear in the Family Court, Malappuram only when his physical presence is required. In the circumstances I am inclined to allow the request for transfer. Resultantly these petitions are allowed in the following lines: (i) O.P.No.344 of 2011 pending in Family Court, Palakkad is withdrawn from that court and made over to the Family Court, Malappuram for trial and disposal. (ii) The transferor court while transmitting records of the case to Tr.P.(C)No.222/2011 3 the transferee court shall fix the date for appearance of parties in the transferee court with due intimation to the counsel for both parties. (iii) Execution proceedings in O.P.No.978 of 2009 and M.C.No.769 of 2009 if any shall as far as be posted on the day O.P.No.344 of 2011 is posted. (iv) Respondent can appear in the transferee court in O.P.No.344 of 2011 through counsel except when his physical presence is required. I.A.No.1621 of 2011 will stand dismissed. THOMAS P.JOSEPH, Judge. cks