IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 TR.P(C).NO. 93 OF 2010() ----------------------------------- OP.455/2009 OF FAMILY COURT, KOZHIKODE .................... PETITIONER: -------------------- REENA ROY S.S., D/O.SUKUMARAN, REENA BHAVAN, KARETE, ANAKKUDI P.O., THIRUVANANTHAPURAM - 695 606. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): ------------------------------- LENIN R., S/O.RAGHAVAN, THAZHAKKUNNATH PARAMBA HOUSE, KOTTAMPARAMBU P.O., PALAKKOTTUVAYAL, KOZHIKODE. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2010 ALONG WITH TPC NO. 94 OF 2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Tr.P(C) Nos.93 & 94 of 2010 ==================================== Dated this the 16th day of June, 2010 O R D E R These petitions are filed by the wife seeking transfer of proceedings pending in Family Court, Kozhikode to Family Court, Nedumangad. Though both petitions respondent is served he has not responded. 2. Tr.P(C) No.93 is for transfer of O.P. No.455 of 2009 pending in Family Court, Kozhikode to Family Court, Nedumangad. Tr.P(C) No.94 of 2010 is for transfer of O.P. No.59 of 2010 pending in Family Court, Kozhikode to the Family Court, Nedumangad. The said proceedings are initiated by the respondent/husband. Petitioner/wife has filed M.C. No.186 of 2009 and O.P. No.713 of 2009 in Family Court, Nedumangad. It is stated that petitioner-wife belongs to Karete, Anakkudi within the jurisdictional limits of Family Court, Nedumangad. It is the case of petitioner that respondent-husband is a resident of Talikuzhi within the jurisdictional limit of Family Court, Nedumangad but he is presently staying in Kozhikode in connection with his employment. Learned counsel states that petitioner has two Tr.P(C) Nos.93 and 94 of 2010 -: 2 :- children aged 2 and 7 years and it is difficult for her to go to Kozhikode to conduct the cases pending in that Court. Learned counsel therefore requests that the cases pending in Family Court, Kozhikode may be transferred to Family Court, Nedumangad. 3. As per the address of respondent given in these proceedings he is staying at Palakkottuvayal near Kozhikode may be in connection with his employment. The consequence of transferring the cases from Family Court, Kozhikode to Family Court, Nedumangad is that respondent has also to travel a long distance from Kozhikode to Thiruvananthapuram by Train or bus and reach Nedumangad by bus. It may take about 2½ hours to reach Nedumangad by bus from Thiruvananthapuram. That means, respondent has to spend three days if he wants to attend the court at Family Court, Nedumangad and go back to his place of residence. Therefore transfer of cases to Family Court, Nedumangad though may suit the convenience of petitioner will cause inconvenience to the respondent. At the same time inconvenience of petitioner-wife has also to be taken into account. If the cases continued at Kozhikoe she has to suffer the same difficulties as the husband has to, as above stated. If all the above cases are tried in the Family Court, Thiruvananthapuram Tr.P(C) Nos.93 and 94 of 2010 -: 3 :- much of inconvenience of both parties can be lessened to the extent possible. Petitioner can come from her place of residence to Thiruvananthapuram by bus. Respondent can come to Thiruvananthapuram and return by train. He will lose only one day for the purpose as he could travel during night. Having regard to these circumstances I am persuaded to transfer all the cases to the Family Court, Thiruvananthapuram. Resultantly, these petitions are allowed in the following lines: (i) O.P. Nos.455 of 2009 and 59 of 2010 pending in Family Court, Kozhikode are withdrawn from that court and transferred to Family Court, Thiruvananthapuram for trial and disposal. (ii) M.C. No.186 of 2009 and O.P.No.713 of 2009 pending in the Family Court, Nedumangad are withdrawn from that court and transferred to the Family Court, Thiruvananthapuram for trial and disposal. (iii) Learned Judge of Family Court, Thiruvananthapuram will ensure that all the cases are posted on the same day and that except when physical presence of parties is essential for trial or such other matters they are given exemption from Tr.P(C) Nos.93 and 94 of 2010 -: 4 :- personal appearance if requested for. (iv) The transferor courts shall transmit the case records to the transferee court with due intimation to counsel on both sides that parties shall appear in the transferee court on 30.07.2010. THOMAS P. JOSEPH, JUDGE. vsv