IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 TR.P(C).NO. 207 OF 2009() ---------------------------------------- MC.165/2009 OF FAMILY COURT, KOTTAYAM .................... PETITIONER: --------------------- VARGHESE ALIAS BIJU, KANNAYIL HOUSE, MUHAMMA P.O., CHERTHALA. BY ADV. SRI.J.OM PRAKASH RESPONDENT(S): ------------------------- 1. JOSEPH C.C., CHARANGULAM PUTHEN PURAKKAL, ARPOOKARA P.O., KOTTAYAM. 2. SUBY C.JOSEPH, D/O.JOSEPH, CHARANGULAM PUTHENPURAKKAL, ARPOOKARA P.O., KOTTAYAM. ADV. SRI.V.G.ARUN FOR R2 SRI.T.R.HARIKUMAR FOR R2 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2010 ALONG WITH TPC NOS. 208, 246 AND 247 OF 2009 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Tr.P.(C) No.207 of 2009, Tr.P.(C) No.208 of 2009, Tr.P(C) No.246 of 2009 and Tr.P.(C) No.247 of 2009 ==================================== Dated this the 04th day of June, 2010 O R D E R These petitions are filed by the husband and wife respectively who are at loggerheads for transfer of petitions filed petitions against each other, all arising from matrimonial disputes. Husband filed O.P (Div.) No.101 of 2009 for divorce and O.P. No.627 of 2009 for recovery of damages against the wife in Family Court, Alappuzha. Wife has filed O.P. No.538 of 2009 and M.C. No.165 of 2009 for return of gold ornaments and maintenance in Family Court, Kottayam at Ettumanoor. Wife seeks a transfer of the cases filed by the husband pending in Family Court, Alappuzha to Family Court, Kottayam at Ettumanoor while husband seeks transfer of cases filed by the wife to the Family Court, Alappuzha. Learned counsel for respondent/wife has stated that she is residing at Arppookkara and that it is difficult for her to go to Family Court, Alappuzha. Learned counsel for petitioner/husband would contend that petitioner is a resident of Muhamma but now working in the Air Force in Assam. His aged parents are staying at Muhamma and it is difficult for him to go to Tr.P.(C) Nos.207, 208, 246 and 247 of 2009 -: 2 :- Family Court, Kottayam at Ettumanoor. 2. These cases are to be tried and disposed of in the same court considering the nature of contentions raised by the parties. Question is which of the courts has to try and dispose of the cases. The Supreme Court in State of Karnataka v. Siddalah (AIR 2002 SC 396) held that in considering the request for transfer of matrimonial cases convenience of wife is to be taken into account. It is not as if it is so inconvenient for the husband to go to Family Court, Kottayam at Ettumanoor from his place of residence at Muhamma. From Muhamma the husband can go to Ettumanoor by a single bus or, he can go to Vaikom by boat and from there, to Ettumanoor by bus. I must also bear in mind that petitioner is now staying in Assam in connection with his employment. It is sufficient that exemption is given to the husband from personal appearance in the court except when it is absolutely necessary for the progress of the case. In these circumstances I am inclined to allow the request of the wife. Accordingly, these petitions are disposed of in the following lines: (i) Tr.P(C) Nos.207 and 208 of 2009 filed by the petitioner/husband are dismissed. Tr.P.(C) Nos.207, 208, 246 and 247 of 2009 -: 3 :- (ii) Tr.P(C) Nos.246 and 247 2009 filed by the respondent/wife are allowed. (iii) O.P. Nos.101 and 627 of 2009 pending in Family Court, Alappuzha are withdrawn from that court and transferred to Family Court, Kottayam at Ettumanoor for disposal. (iv) The transferor court while transmitting the records of the cases to the transferee court shall fix the date for appearance of the parties in the transferee court with intimation to the counsel for the parties. Learned Judge of Family Court, Kottayam at Ettumanoor shall give exemption to the petitioner/husband from personal appearance in that court if requested for except when presence of petitioner is absolutely necessary in connection with the proceeding before that court. THOMAS P. JOSEPH, JUDGE. vsv