IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 TR.P(C).NO. 357 OF 2011() -------------------------------------- OP.1043/2010 OF FAMILY COURT,ERNAKULAM RESPONDENT: ---------------------- SHABANAM SUNIL, D/O LATE M.A. RAJENDRAN, AGED 39 YEARS, RESIDING AT CHATHOTH HOUSE, PALLIKKUNNU AMSOM, CHALD DESOM, PO CHALAD, KANNUR- 670 014. BY ADV. SMT.SUMATHY DANDAPANI, SENIOR ADVOCATE SRI.MILLU DANDAPANI RESPONDENT(S): PETITIONER --------------------------------------------- R.O.SUNIL BABU, S/O R.VIJAYAN, AGED 47 YEARS, 'CHANDRIKA', PARAMBITHARA LANE, KOCHI- 682 036. ADV. SRI.N.RAGHUNATH FOR R1 SRI.JINU JOSEPH FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: TR.P(C) NO.357 OF 2011 APPENDIX PETITIONER(S)' EXHIBITS: ANNEXURE A PHOTOCOPY OF O.P 1043/2010 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, ERNAKULAM. ANNEXURE B PHOTOCOPY OF OP.NO.33 OF 2011(RESTITUTION)FILED BY THE PETITIONER BEFORE THE FAMILY, COURT, KANNUR. ANNEXURE C PHOTOCOPY OF M.C.NO.19 OF 2011 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, KANNUR. RESPONDENT(S)' EXHIBITS: NIL TRUE COPY P.S. TO JUDGE THOMAS P.JOSEPH, J. ==================================== Tr.P(C) No.357 of 2011 ==================================== Dated this the 23rd day of December, 2011 O R D E R Respondent is served. 2. This petition is for transfer of O.P. No.1043 of 2010 from the Family Court, Ernakulam to the Family Court, Kannur filed by the respondent-husband for dissolution of marriage. Petitioner- wife has filed O.P. No.33 of 2011 for restitution of conjugal rights and M.C. No.19 of 2011 seeking maintenance from the respondent, both in the Family Court, Kannur. It is stated that petitioner is residing at Chalad amsom, in Kannur District and that she has to travel long distance from her place of residence to Ernakulam to contest O.P. No.1043 of 2010. In the circumstances request for transfer. It is submitted by learned counsel that petitioner is aged 39 years and is staying with her children and aged mother at Chalad in Kannur District. Petitioner's father is working in HAL and there is nobody to accompany petitioner to Ernakulam. 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 stated Tr.P(C) No.357 of 2011 -: 2 :- that while considering request for transfer of matrimonial proceedings convenience of the wife has to be looked into. Since two proceedings between the parties are pending, it is appropriate that all the cases are tried and disposed of together by the same court. Moreover since respondent is seeking dissolution of marriage and the wife is seeking restitution of conjugal rights, it is appropriate that both the Original Petitions are disposed of by the same court. Having regard to the circumstances I am inclined to allow the request for transfer. The inconvenience that may be caused to the respondent by transfer can be reduced by directing that he can appear in the transferee court through counsel except when his physical presence is required. Resultantly, Transfer Petition is allowed as follows: (a) O.P. No.1043 of 2010 pending in the Family Court, Ernakulam is withdrawn from that court and made over to the Family Court, Kannur for trial and disposal. (b) The transferor court while Tr.P(C) No.357 of 2011 -: 3 :- 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 on both sides. (c) Family Court, Kannur shall ensure that O.P. No.1043 of 2010 (transferred to it) and O.P. No.33 of 2011 and M.C. No.19 of 2011 (pending in that court) are posted as far as possible on the same dates. (d) It is made clear that except when physical presence of respondent in the transferee court is necessary, he can appear through counsel. All pending interlocutory applications will stand dismissed. THOMAS P. JOSEPH, JUDGE. vsv