IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 Tr.P(C).No. 260 of 2011() ------------------------- OP.1091/2011 of FAMILY COURT,THIRUVANANTHAPURAM .................... PETITIONER(S): ------------------------------ CHITHRA, D/O.LATE K.K.KRISHNAN, KANAYATHUKUNNEL VEEDU, MURIKKALLUMPURAM, MUNDAKKAYAM P.O., KOTTAYAM DISTRICT. BY ADV. SMT.ASHA CHERIAN RESPONDENT(S): --------------- RAJENDRA KUMAR @ GOPAKUMAR, CHITHRA BHAVAN, NILAMA, KALLIYOOR VILLAGE, OOKKODU P.O., KALLIYOOR, THIRUVANANTHAPURAM- 695 020. ADV. SRI.S.MOHAMMED AL RAFI THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.P.(C) NO.260/2011 APPENDIX PETITIONER'S EXHIBITS: ANNEXURE-A1 TRUE COPY OF NOTICE RECEIVED BY THE PETITIONER FROM FAMILY COURT, THIRUVANANTHAPURAM IN OP NO.1091/2011 ANNEXURE-A2 TRUE COPY OF IA NO2242/2011 DATED 13.7.2011 IN OP 1091/2011 ANNEXURE-A3 TRUE COPY OF NOTICE OF IA NO.2242/2011 RECEIVED BY THE PETITIONER FROM THE FAMILY COURT, THIRUVANANTHAPURAM //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No.260 of 2011 -------------------------------------- Dated this the 22nd day of September, 2011. ORDER This petition is filed by the wife seeking transfer of O.P.No.1091 of 2011 filed by the respondent – husband for restitution of conjugal rights, from Family Court, Thiruvananthapuram to Family Court, Kottayam at Ettumanoor. 2. Application is opposed by the respondent. It is contended that respondent is a barber living on daily wages and that he cannot afford to travel all the distance to Ettumanoor from Thiruvananthapuram. 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 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 not disputed that three proceedings filed by petitioner and her children are pending consideration in the Family Court, Kottayam at Ettumanoor – M.C.No.221 of 2011 filed by them for maintenance, O.P.No.814 of 2011 filed by petitioner for divorce and O.P.No.815 of 2011 filed by her for return of Tr.P(C)No.260/2011 2 money, etc. Respondent has not so far asked for transfer of those cases to the Family Court, Thiruvananthapuram. Though, learned counsel for petitioner contended that the children are studying at Mundakkayam, learned counsel for respondent contended that the children are studying at Thiruvananthapuram. But a decision on that question is not relevant for decision of this transfer petition. Petitioner is residing at Mundakkayam, far away from Thiruvananthapuram. No doubt, respondent who is a resident of Kalliyoor in Thiruvananthapuram District will also to have travelled a long distance to reach Family Court, Kottayam at Ettumanoor. But, so far respondent has not sought for transfer of three cases above referred filed by petitioner and her children for various reliefs. If respondent is a barber depending on daily wages, the financial position of petitioner is not likely to be better. Moreover, it is appropriate that all the cases are to try by the same court. The inconvenience if any of respondent – husband could be reduced by directing that he need appear in the transferee court only when his physical presence is required in the cases. In the circumstances I am inclined to allow the request. Resultantly this transfer petition is allowed as follows: (i) O.P.No.1091 of 2011 pending in Family Court, Thiruvananthapuram is withdrawn from that court and transferred to Family Court, Kottayam at Ettumanoor for trial and disposal. (ii) The transferor court while transmitting records of the case to Tr.P(C)No.260/2011 3 the transferee court shall fix 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.1091 of 2011 (transferred to that court), M.C.No.221 of 2011 and O.P.Nos.814 and 815 of 2011(pending in that court) as far as possible on the same dates. (iv) Parties can appear in the transferee court through counsel except when their physical presence is required. I.A.No.1814 of 2011 will stand dismissed. THOMAS P.JOSEPH, Judge. cks