IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 Tr.P(C).No. 117 of 2010() ------------------------- OP.1748/2009 of FAMILY COURT,THRISSUR .................... PETITIONER: ------------------------------ K. MINI, D/O. GOVINDA MENON, N.K.APPARTMENTS, PULICKAL HOUSE, KONDOTTY, MALAPPURAM DISTRICT. BY ADV. SRI.BINDU SREEKUMAR RESPONDENT: --------------- DAMODAR BABU, AGED 38, S/O. DAMODARAN NAIR, THERIL HOUSE, PUTHENPALLY, IRINGAPRAM.P.O., PUTHENPALLY VIAL, THRISSUR DISTRICT. ADV. SRI.P.K.ANIL FOR R THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Tr.P.C.No.117 of 2010 --------------------------------------- Dated this 11th day of August, 2010 ORDER This petition is filed by the wife seeking transfer of Div.O.P.No.1748 of 2009 from Family Court, Thrissur to Family Court, Malappuram. That petition is filed by respondent/husband. Petitioner states that she is a resident of Kondotty in Malappuram district and has to travel a long distance to reach Family Court, Thrissur. It is also stated that three other proceedings are pending in Family Court, Malappuram, criminal case against the respondent for offences punishable under Sections 406, 498(a), 506(1) r/w section 34IPC pending in the court of learned JFM, Malappuram, M.C.No.889 of 2009 filed against respondent seeking maintenance and O.P.No.1110 of 2009 filed against him for return of gold ornaments and other reliefs. The latter two cases are pending in Family Court, Malappuram. Learned counsel states that case pending in Family Court, Thrissur is to be tried along with cases pending in Family Court, Malappuram. Difficulty on account of long distance from the place of residence of petitioner from Malappuram to Family Court, Thrissur is also stated as a reason for transfer. Tr.P.C.No.117 of 2010 : 2 : 2. It is not disputed that a criminal case against respondent is pending in the court of learned JFM, Malappuram and other two proceedings initiated against the respondent are pending in Family Court, Malappuram. In the circumstance, it is only proper that all the cases relating to matrimonial proceedings are tried by the same court but, question whether those cases are to be tried jointly is a matter which the court concerned has to decide. I also bear in mind that petitioner is residing far away from Family Court, Thrissur. The Supreme Court in Sumitha Singh Vs. Sanjay Kumar & Another (AIR 2002 SC 396) and Arti Rani Lrs. Pinki Devi and Another Vs. Darmendra Kumar Gupta (2008(9) SCC 353) stated that while considering request for transfer in matrimonial proceedings convenience of the wife has to be looked into. Having regard to the circumstances urged by petitioner I am persuaded to think that comparative hardship on petitioner if the case continued at Thrissur is much more than the hardship that respondent will be put to if the said case is transferred to Family Court, Malappuram. I also bear in mind that in connection with other cases respondent has to attend Family Court, Malappuram. In these circumstances, I am inclined to allow this petition. Tr.P.C.No.117 of 2010 : 3 : Resultantly this petition is allowed in the following lines: (i) O.P.No.1748 of 2009 pending in Family Court, Thrissur is withdrawn from that court and made over to Family Court, Malappuram. (ii) The transferor court shall transmit records of the case to the transferee court with due intimation to counsel on both sides as to the date of appearance in transferee court. (iii) Transferor court shall ensure that all the cases are posted as far as possible on the same date. (THOMAS P JOSEPH, JUDGE) Sbna/-