IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 Tr.P(C).No. 333 of 2011 --------------------------------- [TO TRANSFER OP (DIV.) NO.1379/11 PENDING BEFORE FAMILY COURT, ERNAKULAM TO FAMILY COURT THRISSUR, WHERE O.P.NO.1647/11 AND M.C.NO.473/11 ARE PENDING] .................... PETITIONER: ------------------- SANTHI JOSE. P,AGED 26 YEARS D/O.P.V. JOSE, PADAMADAN HOUSE KADUPPUKKARA DESOM, VADAMA VILLAGE, VADAMA P.O, MALA VIA., PIN- 680 736, THRISSUR DT. BY ADV. SRI.SHOBY K.FRANCIS. RESPONDENTS: ------------------------ 1. JOSE PAYYAPPILLY, S/O.LATE P M DEVASSY KUTTY, PAYYAPPILLY HOUSE, CHOWARA P.O, ALUVA VIA., PIN- 683 571, ERNAKULAM DT. 2. THRESSIA, W/O.LATE P.M. DEVASSY KUTTY, PAYYAPPILLY HOUSE, CHOWARA P.O, ALUVA VIA., PIN- 683 571, ERNAKULAM DT. BY ADV. SMT.P.F.ROSY. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: TR.P.(C).NO.333/2011: APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A1:- TRUE COPY OF THE OP .1647/11 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, THRISSUR DT.23.8.11. ANNEXURE A2:- TRUE COPY OF THE MC.473/11 FILED BY THE PETITIONER BEFORE THE FAMILY COURT THRISSUR DT.20.8.11. ANNEXURE A3:- TRUE COPY OF SUMMONS ISSUED BY THE FAMILY COURT ERNAKULAM IN OP (DIV ).NO.1379/11 DT.19.7.11. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.S. TO JUDGE Prv. THOMAS P.JOSEPH, J. ==================================== Tr.P(C) No.333 of 2011 ==================================== Dated this the 27th day of October, 2011 O R D E R Respondents appear through counsel. 2. This petition is filed by the wife requesting transfer of O.P. No.1379 of 2011 from the Family Court, Ernakulam to the Family Court, Thrissur. That is a petition filed by the respondent- husband seeking divorce. Petitioner filed O.P. No.1647 of 2011 against respondents in the Family Court, Thrissur for recovery of gold ornaments, money, etc. Petitioner also filed M.C. No.473 of 2011 in that Court against the first respondent claiming maintenance. Those two cases are pending in the Family Court, Thrissur. Petitioner is aged 26 years, is residing at Vadama in Mala while respondent hails from Aluva. In the above circumstances it is requested that the case pending in the Family Court, Ernakulam may be transferred to the Family Court, Thrissur. 3. Learned counsel for respondents contended that second respondent is not a necessary party to this proceeding since she does not figure as a party in O.P. No.1379 of 2011. Request for transfer is also resisted. Tr.O.P(C) No.333 of 2011 -: 2 :- 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 stated that while considering the request for transfer of matrimonial proceedings convenience of the wife has to be looked into. That of course does not mean that inconvenience of the husband has to be ignored. It is not disputed that O.P. No.1647 of 2011 and M.C. No.473 of 2011 filed by petitioner in the Family Court, Thrissur are pending in that Court. I understand from the submissions of learned counsel that Thrissur is nearer to the place of residence of petitioner. I am inclined to think that all the cases could be consolidated in the same court - the Family Court, Thrissur which is more convenient to the petitioner. In the circumstances I am inclined to allow the request. The difficulty if any of respondents can be reduced by permitting them to appear in the transferee court through counsel except when their physical presence is required. Resultantly, the Petition is allowed as follows: (a) O.P. No.1379 of 2011 pending in the Family Court, Ernakulam is withdrawn from Tr.O.P(C) No.333 of 2011 -: 3 :- that court and made over to the Family Court, Thrissur for trial and disposal. (b) 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 on both sides. (c) Family Court, Thrissur shall ensure that O.P. No.1379 of 2011 (transferred to it) and O.P.No.1647 of 2011 and M.C. No.473 of 2011 (pending in that court) are posted as far as possible on the same dates. (d) It is made clear that except when the physical presence of respondents in the transferee court is necessary, they can appear through counsel. All pending interlocutory applications will stand dismissed. THOMAS P. JOSEPH, JUDGE. vsv