IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Tr.P(C).No. 367 of 2011() ------------------------------------- OP.NO.1252/2011 of FAMILY COURT,TRIVANDRUM .................... PETITIONER --------------------- ASHA MARY SAMUEL, AGED 32 YEARS, W/O.K.GEORGE MATHEN, AJITH VILLA, THITTAMEL MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT(S): ---------------------------- K.GEORGE MATHEN @ SUNIL, AGED 33 YEARS, S/O.K.M.MATHEN, RESIDING AT T.C. 12/1444, ELZABAD NO.4, LAW COLLEGE ROAD, TRIVANDRUM - 33. BY ADV. SRI.P.V.ANIL THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts TR.P.(C)NO.367/2011 APPENDIX PETITIONER(S) ANNEXURES ANNEXURE-A1 THE TRUE COPY OF O.P.NO.1066/2011 FILED BEFORE THE FAMILY COURT, ALAPPUZHA BY THE PETITIONER HEREIN AGAINST THE RESPONDENT HEREIN AND 2 OTHERS ANNEXURE-A2 THE TRUE COPY OF THE PETITION IN O.P(DIV) NO.1110/11 BEFORE THE FAMILY COURT, ALAPPUZHA FILED BY THE PETITIONER HEREIN AGAINST THE RESPONDENT HEREIN. ANNEXURE-A3 THE TRUE COPY OF THE PETITION IN O.P (G & W) NO. 1086/2011 BEFORE THE FAMILY COURT, ALAPPUZHA FILED BY THE RESPONDENT HEREIN AGAINST THE PETITIONER AND HER PARENTS. ANNEXURE-A4 THE TRUE COPY OF THE O.P.NO.1252/2011 FILED BY THE RESPONDENT HEREIN AGAINST THE PETITIONER HEREIN BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM. RESPONDENTS' ANNEXURES: NIL /TRUE COPY/ P.S.TO.JUDGE sts THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No.367 of 2011 -------------------------------------- Dated this the 2nd day of December, 2011. ORDER Respondent is served. 2. This petition is filed by the wife seeking transfer of O.P.No.1252 of 2011 from the Family Court, Thiruvananthapuram to the Family Court, Alappuzha. That is a petition filed by the respondent-husband for restitution of conjugal rights. 3. Three other petitions between the parties are pending before the Family Court, Alappuzha. They are O.P.No.1066 of 2011 filed by the petitioner for recovery of gold ornaments, etc., O.P.No.1110 of 2011 for divorce filed by the petitioner and O.P.(G&W) No.1086 of 2011 filed by the respondent for custody of the minor child. 4. 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. It is appropriate that all the cases are tried and disposed of by the same court. Moreover, petitioner aged 32 years is residing at Thittamelmuri, in Chengannur Village which is nearer to Alappuzha than to Thiruvananthapuram. In the above circumstances, I am satisfied that comparative hardship is more on Tr.P(C)No.367/2011 2 petitioner if request for transfer is not allowed. The inconvenience that may be caused to the respondent could be reduced by directing that he could appear in the Family Court, Alappuzha through counsel except when his physical presence is required. Resultantly this petition is allowed as follows: (i) O.P. No.1252 of 2011 pending in the Family Court, Thiruvananthapuram is withdrawn from that court and transferred to the Family Court, Alappuzha 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.1252 of 2011 (being transferred to that court) and O.P.No.1066 of 2011, O.P.No.1110 of 2011 and O.P.(G&W) No.1086 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.2505 of 2011 will stand dismissed. THOMAS P.JOSEPH, Judge. cks