IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 Tr.P(C).No. 15 of 2011() ------------------------ OP.1178/2010 of FAMILY COURT,KOZHIKODE .................... PETITIONER/RESPONDENT --------------------------------- JOWHARA, AGED 27 YEARS, D/O. PURAYIL ABOOBACKER MASTER, PURAYIL HOUSE, MARUTHA.P.O, MANIMOOLI, NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT: PETITIONER --------------------------------- SALAHUDHEEN, 37 YEARS, S/O. KUNNUMMAL MOIDHEEN, KUNNUMMAL HOUSE, P.O. CHELANNUR - 673 616, THAMARASSERY, KOZHIKODE DISTRICT. ADV. SMT.LATHA PRABHAKARAN FOR R1 SRI.K.M.JAMALUDHEEN FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ Tr.P(C).No.15 OF 2011 ------------------------------ Dated this the 11th day of February, 2011 JUDGMENT The petitioner, the wife of the respondent, prays for withdrawal of OP No.1178 of 2010 from the Family Court, Kozhikode and to transfer it to the Family Court, Malappuram where OP No.1044 of 2010 and 1053 of 2010 are pending. 2. The marriage between the parties took place on 28.6.2009 within the jurisdiction of the Family Court, Malappuram. According to the petitioner, they were residing in the house of the petitioner. There is dispute on this aspect. 3. The petitioner filed OP No.1044 of 2010 before the Family Court, Malappuram against the respondent claiming value of the gold ornaments. She also filed OP No.1053 of 2010 before the Family Court, Malappuram against the respondent for dissolution of marriage. Tr.P(C).No.15 OF 2011 2 The respondent-husband filed OP No.1178 of 2010 before the Family Court, Kozhikode for restitution of conjugal rights. All the aforesaid three cases are pending. 4. The petitioner says that she is residing within the jurisdiction of the Family Court, Malappuram. She is working as Assistant Professor in T.M.Government College, Malappuram. The respondent was working abroad and he has now come down to India. The respondent is residing at Chelannur in Kozhikode District. 5. The husband has not filed any application for transfer of the two cases pending before the Family Court, Malappuram. At any rate, he has to fight two litigations before the Family Court, Malappuram. One of those cases is for dissolution of marriage. The husband has filed O.P.1178 of 2010 before the Family Court, Kozhikode for restitution of conjugal rights. If different Family Courts try these two cases separately, it is likely that conflicting decisions may arise. Therefore, it is necessary that these two cases Tr.P(C).No.15 OF 2011 3 are tried by the same Family Court. Taking into account the comparative hardship of the parties in the case of transfer of the respective cases, and also taking note of the fact that the petitioner is working at Malappuram, I am of the view that it is only just and proper to transfer OP No.1178 of 2010 pending before the Family Court, Kozhikode to the Family Court, Malappuram. 6. The Supreme Court in Dharampal(Dead) through LRs v. National Engineering Industries Ltd.((2001) 10 SCC 40), Mangla Patil Kale v. Sanjeev Kumar Kale ((2003) 10 SCC 280) and Rajwinder Kaur v. Balwinder Singh ((2003)11 SCC 726) held that the inconvenience caused to the wife should be taken note of. 7. Accordingly, the Transfer Petition is allowed. OP No.1178 of 2010 pending before the Family Court, Kozhikode shall stand transferred to the Family Court, Malappuram where OP Nos.1044 of 2010 and 1053 of 2010 Tr.P(C).No.15 OF 2011 4 are pending. The Family Court, Kozhikode shall transmit the records to the Family Court, Malappuram. 8. The learned counsel appearing for the respondent submitted that atleast the respondent may be exempted from appearance before the Family Court, Malappuram on all the posting dates. The respondent is free to make necessary application before the Family Court, Malappuram for such a relief. The Family Court, Malappuram will consider the request and direct the respondent to appear before the Family Court, only on those dates where his presence is required. The Original Petition is allowed as above. K.T.SANKARAN, JUDGE. cms