IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 Tr.P(C).No. 347 of 2011() ----------------------------------- OP.NO.1136/2011 of FAMILY COURT,ERNAKULAM .................... PETITIONER/RESPONDENT ----------------------------------------- RENJITHA V.V., AGED 29 YEARS, DAUGHTER OF VELAYUDHAN, VALIYAPARAMBIL HOUSE, KUNDUKUZHIPADAM, KUTTICHIRA P.O., CHALAKUDY, PIN-680 724. BY ADV. SRI.B.ASHOK SHENOY SMT.LAKSHMI B.SHENOY RESPONDENT(S): PETITIONER ---------------------------------------------- RAJASEKHARAN, AGED 30 YEARS, SON OF MANOHARAN, THANDASSERIL HOUSE, NETTOOR P.O., MARADU, ERNAKULAM DISTRICT, PIN-682 304. BY ADV. SMT.P.F.ROSY THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts TR.P.(C)NO.347/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX 1 COPY OF THE PETITION DATED 9/6/2011 IN O.P.NO.1136 OF 2011 ON THE FILE OF THE FAMILY COURT, ERNAKULAM FILED BY RESPONDENT. ANNEX II COPY OF THE PETITION DATED -.8.2011 IN M.C.NO.469 OF 2011 ON THE FILE OF THE FAMILY COURT, THRISSUR FILED BY PETITIONER. ANNEX III COPY OF THE PETITION DATED 20/7/2011 IN O.P.NO.1397 OF 2011 ON THE FILE OF THE FAMILY COURT, THRISSUR FILED BY PETITIONER. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.S.TO.JUDGE sts THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No.347 of 2011 -------------------------------------- Dated this the 14th day of November, 2011. ORDER This petition is filed by the wife seeking transfer of O.P. No.1136 of 2011 from the Family Court, Ernakulam to the Family Court, Thrissur. That is a petition filed by the first respondent-husband for restitution of conjugal rights. Petitioner, aged about 29 years is residing at Kuttichira, near Chalakudy. She has filed M.C.No.469 of 2011 seeking maintenance from the respondent- husband and O.P.No.1397 of 2011 against respondent and others for return of ornaments, etc. in the Family Court, Thrissur. It is stated that petitioner has to look after her two minor children and there is nobody to accompany her to the Family Court, Ernakulam. 2. 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 the request for transfer of matrimonial proceedings convenience of the wife has to be looked into. Of the three proceedings, two are pending in the Family Court, Thrissur. In that circumstances it is appropriate that all the cases are tried and disposed of by the same court. Moreover, convenience of the petitioner requires that the case pending in the Family Court, Ernakulam is transferred to the Family Court, Thrissur. The inconvenience that may be caused to the respondent could Tr.P(C)No.347/2011 2 be reduced by directing that he could appear in the Family Court, Thrissur through counsel except when his physical presence is required. I am inclined to allow the request for transfer. Resultantly this petition is allowed as follows: (i) O.P. No.1136 of 2011 pending in the Family Court, Ernakulam is withdrawn from that court and transferred to the Family Court, Thrissur for trial and disposal. (ii) The transferor court while transmitting records of the case to 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) The transferee court shall post the cases - O.P.No.1136 of 2011 (being transferred to that court) and O.P.No.1397 of 2011 and M.C.No.469 of 2011 (pending in that court) as far as possible on the same dates. (iv) Respondent can appear in the transferee court through counsel except when his physical presence is required. I.A.No.2321 of 2011 will stand dismissed. THOMAS P.JOSEPH, Judge. cks