IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 Tr.P(C).No. 176 of 2008() ------------------------- OP(ID) No.183/2008 & OP.419/2008 of FAMILY COURT,TRIVANDRUM .................... PETITIONER/RESPONDENT: -------------------- CYRILLA.S., D/O.CELIN STEPHEN, HOUSE NO.33, DIVYA NAGAR, CHEMMANMUKKU PATTATHANAM PO., KOLLAM. BY ADV. SRI.MVS.NAMBOOTHIRY RESPONDENT/PETITIONER: --------------- J.MARY DASAN, S/O.JUSTINE.J., R/A.JAIL QUARTERS NO.B-43, TC.17/2357, POOJAPPURA PO., THIRUVANANTHAPURAM-12. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No.176 of 2008 -------------------------------------- Dated this the 24th day of October, 2008. ORDER Respondent though served, remain absent. I heard counsel for petitioner. 2. Respondent and petitioner are husband and wife. Respondent is working in Police Department at Thiruvananthapuram and permanently residing there. Petitioner is a school teacher residing at Kollam. Respondent filed O.P.No.419 of 2008 for return of articles, money, etc. and O.P.(ID) No.183 of 2008 for divorce in Family Court, Thiruvananthapuram. Petitioner filed O.P.No.643 of 2008 for recovery of maintenance arrears and other reliefs and M.C.No.127 of 2008 for maintenance for herself and her minor daughter aged about 11 years in Family Court, Kollam. Prayer in this petition is to withdraw O.P.No.419 of 2008 and O.P.(ID) No. 183 of 2008 from the Family Court, Thiruvananthapuram and transfer the same to the Family Court, Kollam. It is stated that petitioner apprehends physical harassment at the hands of the respondent if she were to go to Thiruvananthapuram to contest the cases against her. It is contended that respondent had assaulted her, in connection which Kollam East Police has registered Crime No.106 of 2008. Learned counsel for petitioner placed reliance on the decision in Sangeeta v. Prasant Vijay Wargiya (2004) 13 SCC 407) and contended that in matrimonial proceedings, convenience of the wife must prevail particularly when she has a small child. But in Anindita Das v. Srijith Das ((2006) 9 SCC 197) Hon’ble Supreme Court pointed out that each case has to be decided on its merits. 3. In this case, both parties have filed cases in the Family court in Tr.P.C.No.176/2008 2 their respective place of residence. For the purpose of proper adjudication, it is necessary that all these cases are heard and disposed of by the same court. Petitioner is a school teacher working at Kollam and her daughter aged 11 years is studying in the school at Kollam. It is also stated that for the respondent assaulting the petitioner, Kollam East Police has registered a case against the respondent. In these circumstances, her apprehension that she might faced physical harassment if she goes to Thiruvananthapuram appears to be true. I consider it appropriate in the facts and circumstances of this case to transfer the cases pending in the Family Court Thiruvananthapuram to the Family Court, Kollam. This petition is therefore, allowed. O.P.(ID) No.183 of 2008 and O.P.No. 419 of 2008 pending in the Family Court, Thiruvananthapuram are withdrawn from that court and transferred to the Family Court, Kollam for trial and disposal. I.A.No.1673 of 2008 will stand dismissed. THOMAS P.JOSEPH, JUDGE. cks