IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 Tr.P(C).No. 85 of 2010() ------------------------ OP.150/2010 of FAMILY COURT, KOTTAYAM .................... PETITIONER/RESPONDENT: ------------------------------------------ RAGINI.V., D/O.C.V.KANNAN, AGED 35 YEARS, VAZHAYIL HOUSE, KUTTOOR P.O., MATHAMANGALAM BAZAR.VIA, KUTTOOR VILLAGE, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.O.V.MANIPRASAD SRI.SAJU J PANICKER SRI.LIJO KURIAN JOSE RESPONDENT/ PETITIONER: -------------------------- VINOD.V.M., S/O.MADHAVAN, AGED 41 YEARS, VAZHITHALAKKAL HOUSE, MADUKKA P.O., MUNDAKKAYAM VILLAGE, KOTTAYAM DISTRICT. ADV. SRI.P.M.HABEEB THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2010 ALONG WITH Tr.P.C.No.164 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Tr.(P).C.Nos. 85 and 164 of 2010 --------------------------------------- Dated this 08th day of June, 2010 ORDER These petitions are for transfer of cases filed by the warring husband and wife in the Family Courts at Ettumanoor and Kannur. Wife filed M.C.No.166 of 2010 in Family Court, Kannur seeking maintenance from her husband. Husband filed O.P.No.150 of 2010 in Family Court, Ettumanoor for restitution of conjugal rights. Both sides say that from their respective place of residence it is difficult for them to go to the Family Court where the opposite side has initiated proceedings and hence they want cases to be transferred to he Family Court near to their place of residence. Learned counsel for the husband states that it is the adamant stand of the wife that has resulted in strained relationship. Learned counsel for the wife has a different story to tell about alleged harassment on the part of the husband which constrained the wife to leave the company of husband. These are matters which the court concerned has to look into while trying the cases. The husband is a resident of Mundakkayam near Kottayam district while the wife is a resident of Kuttoor near Taliparamba in Kannur district. For the husband to go to Kannur he has to travel all the way from Tr.(P).C.Nos.85 and 164 of 2010 : 2 : Mundakkayam to Kannur by bus or, go to Kottayam which itself is away from his place of residence and catch the train to Kannur. For the wife to come to Ettumanoor she has to go from her place of residence either to Taliparamba or Kannur and catch the train, reach Kottayam and then travel down to Ettumanoor by bus. Therefore transfer of cases either to Kannur or Ettumanoor is sure to cause much inconvenience for the opposite party. There is no rule that when a request for transfer of matrimonial cases is being considered, inconvenience of the husband is not at all relevant. Court has to take into account inconvenience of the husband also. Having regard to all relevant aspects of the matter, the dispute has to be resolved in a manner least inconvenient to the parties and of course, bearing in mind the convenience of the wife. I am persuaded to transfer the cases to the Family Court, Kozhikode so that, traveling distance of the wife from Kannur to Kozhikode will only be around 2½hrs by bus and even less by train. This will lessen the difficulty of the husband also to some extent. Hence this cases can be transferred to the Family Court, Kozhikode. Resultantly these petitions are allowed in the following lines: (i) M.C.No.166 of 2010 pending in the Family Court, Kannur is withdrawn from that court and transferred to Family Court, Kozhikode. (ii) O.P.No.150 of 2010 pending in the Family Court, Ettumanoor is withdrawn from that court and Tr.(P).C.Nos.85 and 164 of 2010 : 3 : transferred to Family Court, Kozhikode. (iii) The transferor court while transmitting the case records to the transferee court shall notify the date of appearance of parties in the transferee court with due intimation to the counsel on both sides. (iv) Family Court, Kozhikode is directed to expedite disposal of the proceedings. It shall also ensure that the cases are posted on the same dates. (THOMAS P JOSEPH, JUDGE) Sbna/-