IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 RP.No. 447 of 2011() -------------------- AGAINST THE ORDER IN TPC.108/2011 Dated 03/06/2011 .................... REVIEW PETITIONER(S): RESPONDENT ------------------------------------------------------- ANTONY THOMAS @ SUBIN, AGED 35 YEARS S/O.THOMAS PUNNACKAL AVILION SEA VIEW COURT, ALAPPUZHA. BY ADV. SRI.P.SHANES RESPONDENT(S): ORIGINAL PETITIONER ----------------------------------------------------------- GRITTA JOSEPH, AGED 33 YEARS W/O.ANTONY THOMAS, RESIDING AT SOUPARNIKA, H.NO.VII/145 DEVATHIYAL, THENHIPALAM (PO) MALAPPURAM 673 636. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 24/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RP 447/2011 APPENDIX REVIEW PETITIONER'S DOCUMENTS : CERTIFIED COPY OF THE ORDER DATED 3.6.2011 IN TRPC NO.108/2011 PASSED BY THIS HONOURABLE COURT. ANNEXURE - I : COPY OF THE MEDICAL CERTIFICATE DATED 12.5.2011 ISSUED BY DR.RAM MOHAN.K. ANNEXURE II- COPY OF THE MEDICAL CERTIFICATE DATED 12.5.2011 ISSUED BY DR.E.A.JAMES. //TRUE COPY// P.A. TO JUDGE K.T.SANKARAN, J. ------------------------------ R.P.No.447 of 2011 in Tr.P.(C) No.108 of 2011 ------------------------------- Dated this the 24th day of June, 2011 O R D E R Heard the learned counsel for the Review Petitioner and the learned counsel appearing for the respondent. 2. As per the order dated 3rd June, 2011 in Tr.P.(C) No.108 of 2011, the prayer for transfer made by the respondent/wife was granted and O.P.No.763 of 2010 pending before the Family Court, Alappuzha was transferred to the Family Court, Malappuram. This Review Petition is filed by the respondent in the Transfer Petition seeking to review the order dated 3rd June, 2011. It is submitted that instead of transferring the case to the Family Court, Malappuram, it may be transferred to the Family Court, Thrissur or the Family Court, Ernakulam. In the Review Petition, it is stated that the Review Petitioner's father is suffering from Parkinsons disease R.P.No.447/2011 in Tr.P.C.No.108/11 2 and his mother is suffering from Glaucoma. In these circumstances, it is stated that the Review Petitioner is not in a position to attend the Family Court, Malappuram. 3. The grievance put forward by the Review Petitioner cannot be brushed aside as irrelevant. He has to look after his father and mother. At the same time, transfer of the case to Malappuram was ordered, taking into account the hardship that would be caused to the respondent/wife. In these circumstances, the interests of the petitioner can be safeguarded by issuing a direction to the Family Court, Malappuram, not to insist on the personal appearance of the Review Petitioner (husband) on all the posting dates of the case. Accordingly, the Review Petition is disposed of with the following directions : (i) The Family Court, Malappuram need not insist on the personal appearance of the Review Petitioner R.P.No.447/2011 in Tr.P.C.No.108/11 3 (Antony Thomas @ Subin) on all the posting dates of the case and his presence need be insisted only when it is absolutely essential. (ii) The direction to appear before the Family Court, Malappuram on 27.6.2011 can be complied with by appearance through counsel. K.T.SANKARAN JUDGE csl Issue copy to both parties today itself R.P.No.447/2011 in Tr.P.C.No.108/11 4