IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 Tr.P(Crl.).No. 6 of 2009 ------------------------------- MC.780/2008 of FAMILY COURT, MALAPPURAM ...................................... PETITIONER(S): RESPONDENT ------------------------------------------- SREEJITH, AGED 35 YEARS, S/O.LATE SUKUMARAN, KODUNGALLORKARAN HOUSE, EDAKUNNY, OLLUR P.O., THRISSUR DISTRICT. BY ADV. SRI.M.B.PRAJITH RESPONDENT(S): PETITIONERS --------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RESHMI.M., AGED 25 YEARS, D/O.SANKARANKUTTY, MARKANDATH HOUSE, MUKKILAPEEDIKA, PAINKANOOR P.O., MALAPPURAM DISTRICT. 3. MASTER ADERSH, AGED 4 YEARS, S/O.SREEJITH, REP. BY HIS MOTHER RESHMI.M. AGED 25 YEARS, D/O.SANKARANKUTTY, MARKANDATH HOUSE, MUKKILAPEEDIKA, PAINKANOOR P.O., MALAPPURAM DISTRICT. ADV. SRI.A.MOHAMED MUSTAQUE FOR R2 & R3 SRI.KAUSER EDAPPAGATH FOR R2 & R3 GOVT. PLEADER SRI. P.K.RAVIKRISHNAN THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 02/07/2009 ALONG WITH TP(C) NOS. 14/2009 AND 163/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S. SATHEESACHANDRAN, J. ```````````````````````````````````````````````````` Tr.P.(Cri.) No.6 and Tr.P.(C) Nos.14 and 163 of 2009 ```````````````````````````````````````````````````` Dated this the 2nd day of July, 2009 O R D E R These petitions, three in number, are filed under section 24 of the CPC. The petition numbered as Tr.P.C.14/09 is filed by the wife and the other two petitions numbered as Tr.P.C.6/09 and 163/09 by the husband. The parties are hereinafter referred to as the wife and husband. At present, four proceedings are pending in two different family courts arising from the matrimonial disputes between the parties. The husband has filed a petition under the Guardian and Wards Act to get the custody of their only child stated to be aged 4 years, who is admittedly now under the care and custody of the wife. That petition is OP.No.66/09 and it is pending before the Family Court, Malappuram. He has also filed another petition numbered as OP.1254/08 seeking a decree for restitution of conjugal rights and it is pending before the Family Court, Thrissur. The wife has filed two petitions, one under section 125 of the CPC imputing negligence of husband to maintain her and the child. The petition Tr.P.C.6, 14 and 163/09 : 2 : numbered as MC.780/08 is pending before the Family Court, Malappuram. One more petition filed by the wife is also pending before the Family Court in which she has sought for return of her gold ornaments alleging its unlawful retention by the husband. In that proceeding numbered as OP.936/08 the mother of the husband is also a co-respondent. Wife has filed Tr.P.C. No.14/09 to transfer OP.1254/08 filed by the husband and pending before the Family Court, Thrissur to Family Court, Malappuram, where the other three petitions are pending for adjudication. The husband has filed the other two petitions, Tr.P.C.6/09 and Tr.P.C.163/09, for transfer of MC.780/08 and OP.936/08 respectively from the Family Curt, Malappuram to Family Court, Thrissur. 2. I heard the counsel on both sides. The inconvenience and difficulties which are faced by the parties in having proceedings in different courts are highlighted by the respective counsel seeking a transfer of the petitions in the manner prayed for in their respective petitions. From the facts and circumstances presented and also after hearing the counsel at length, I find that Tr.P.C.6, 14 and 163/09 : 3 : the wife, who is having her present abode at the border of Malappuram district has to look after a 4 year old child and necessarily the child requires her care and attention at the stage of infancy. If the child is left unattended and uncared especially in view of the rift between the parents, it will have disastrous psychological impact on his mind and affect his growth and well being, both physically and mentally. Concern for the child should be given weightage in examining the question to which court the petitions are to be transferred. It is also to be noted as a parent, the husband, the father of the child, too has got concern for the infant, and he is prosecuting the petition moved for the custody of the child in the Family Court, Malappuram. In the present Transfer petition also, probably, because of his interest and concern for the child, he has not sought for transfer of that petition to the other court. A separated wife, who has to attend the needs of a child, may not be in a position to travel to a distant place and make arrangements for defending her interest, when more than one proceeding is commenced against her by her husband. That also has to be taken note of. The facts and circumstances further Tr.P.C.6, 14 and 163/09 : 4 : disclose that she has already moved an application for claiming maintenance from the husband indicating prima facie that she is incapable of meeting the needs of her life. The allegations raised by her in proceeding as against her husband, needless to point out, has to be determined by the court after enquiry. But, the fact remains that she has filed such an application seeking the aid of the court to get maintenance from her husband for her and the child. Such being the situation, I find the interests of justice demand that the petition OP.1254/08 filed by the husband pending before the Family Court, Thrissur has to be transferred to the Family Court, Malappuram. Such a transfer is necessary so that the same court will try all the suits, which would afford an opportunity to the parties to lead evidence in common in the proceedings, which can be tried jointly and avoid unnecessary expenses. Concern of the court has also to be taken note of by having joint proceedings, which if possible, can save precious time. There is yet another benefit also that if the same court tries the proceedings, the chances of having conflicting decisions can also be avoided. So much so, it is ordered that OP.1254/08 filed Tr.P.C.6, 14 and 163/09 : 5 : by the husband and pending before the Family court, Thrissur shall stand transferred to Family court, Malappuram. Family court, Thrissur is directed to send the records of OP.1254/08 to Family Court, Malappuram without delay. The learned counsel for the husband submitted that the 2nd respondent in OP.936/08, the petition filed by the wife for return of ornaments, is the mother of the husband, an aged lady, and an order may be passed to grant her exemption from personal appearance before the Family court. It is for the Family court to decide that question, but, if any such application is moved by the 2nd respondent, having regard to her age, the court shall pass appropriate orders. The transfer petitions are disposed of. Send a copy of the order to both the courts below, and handover a copy to the counsel on both sides on usual terms. Sd/- (S.S. SATHEESACHANDRAN, JUDGE) aks // True Copy // P.A. to Judge