Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH TUESDAY, THE 8TH DAY OF JANUARY 2013 18TH POUSHA 193 Tr.P(C).No. 556 of 2012 () -------------------------- OP.1183/2012 of FAMILY COURT, ALAPPUZHA PETITIONER(S): ------------- ROSHMA D/O. IBRAHIM, @ ROSHMA ANSARI, W/O. ANSARI KABEER PUTHUPARAMBIL VEEDU, MUTTACHIRA, PUTHUPARAMBIL KANJIRAPPALLY, KANJIRAPPALLY VILLAGE KANJIRAPPALLY TALUK. BY ADV. SRI.ARUN CHANDY RESPONDENT(S): -------------- ANSARI, @ MOHAMMAD ANSARI, AGED 3 YEARS, S/O. KABIR THAOTTACKATTU KIZHAKKETHIL, VISHAVARSERIKARA MURI KURATTISSERY VILLAGE, CHENGANNOOR TALUK-689121. BY ADV. SRI.VINOD J.DEV BY ADV. SRI.PRAMOD J.DEV THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: TR.P(C) NO.556/2012 APPENDIX ANNEXUR-1 TRUE COPY OF THE EXTRACT FROM THE MARRIAGE CERTIFICATE ISSUED BY THE MUHIYADHEEN JUMA MASJID JAMA-ATH DATED 23 04.2000 ANNEXURE-II TRUE COPY OF OP NO.1183/2012 PETITION FILED BY THE RESPONDENT AND TEMPORARY INJUNCTION ORDER PASSED BY THE FAMILY COURT, ALAPPUZHA ANNEXURE-III TRUE COPY OF OP NO.1434 PETITION PENDING BEFORE THE FAMILY COURT, KOTTAYAM ANNEXURE-IV TRUE COPY OF OP NO.1435 PETITION BEFORE THE FAMILY COURT, KOTTAYAM /TRUE COPY// THOMAS P. JOSEPH, J.
-------------------------------------- Tr.P.(C). No.556 of 2012 -------------------------------------- Dated this the 8th day of January, 2013. ORDER The respondent appears through counsel.
2. This petition is filed by the wife seeking transfer of O.P. No.1183 of 2012 from the Family Court, Alappuzha to the Family Court, Kottayam, at Ettumanoor.
3. Petitioner-wife claims that she is residing at Muttachira near Kanjirappally, in Kottayam District. She has filed O.P.Nos.1434 and 1435 of 2012 in the Family Court, Kottayam at Ettumanoor, the former under the Guardian and Wards Act and the latter, for return of gold ornaments and money, etc.
4. The respondent-husband has filed O.P.No.1183 of 2012 in the Family Court, Alappuzha.
5. The petitioner states that since she is residing at Muttachira, she has to travel a long distance to contest the case. Tr.P(C)No.556/201”
6. The learned counsel for the respondent submitted that the petitioner is actually residing at Changanassery and it is convenient to her if the case is contested at Family Court, Alappuzha. It is also submitted that a complaint preferred by the petitioner under the Protection of Women from Domestic Violence Act is pending in the Judicial First Class Magistrate Court, Mavelikkara. In the circumstances the request for transfer cannot be allowed, it is contended.
7. In Annexure-II, copy of O.P.No.1183 of 2012 filed by the respondent in the Family Court, Alappuzha the address of the petitioner (respondent in that petition) is given as Muttuchira near Kanjirappally.
8. Assuming that petitioner is staying at Changanassery as contended by the respondent, fact remains that two cases filed by her are pending in the Family Court, Kottayam at Ettumanoor and so far, the respondent has not taken steps to transfer those cases to the Family Court, Alappuzha. Having regard to the contentions raised, it is appropriate that all the cases are tried and disposed of by the same court and that will be convenient to the parties as well. Tr.P(C)No.556/201”
9. The Supreme Court in Sumitha Singh v. Kumar Sanjay and another (AIR 200.SC
396) and Arti Rani v. Dharmendra Kumar Gupta [(2008) 9 SCC 353.has held that while considering the request for transfer of matrimonial proceedings convenience of the wife has to be looked into.
10. Having regard to the circumstances stated before me I am inclined to think that comparative hardship is more on the petitioner if request for transfer is not allowed. The inconvenience that may be caused to the respondent could be reduced by directing that he could appear in the Family Court, Kottayam at Ettumanoor through counsel except when his physical presence is required. I am inclined to allow the request for transfer. Resultantly this petition is allowed as follows: (i) O.P.No.1183 of 2012 pending in the Family Court, Alappuzha is withdrawn from that court and made over to the Family Court, Kottayam at Ettumanoor for trial and disposal. (ii) The transferor court while transmitting records of the case to the transferee court shall fix the date for appearance of the parties in the transferee court with due intimation to the counsel on both sides. (iii) The transferee court shall post the cases - O.P. No.1183 of Tr.P(C)No.556/201”
2012. (being transferred to that court) and O.P.Nos.1434 and 1435 of 2012 (pending in that court), as far as possible on the same dates. (iv) The respondent can appear in the transferee court through counsel except when his physical presence is required. I.A.No.3073 of 2012 will stand dismissed. THOMAS P.JOSEPH, Judge. cks Tr.P(C)No.556/2012 5