Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN TUESDAY, THE5H DAY OF NOVEMBER201314TH KARTHIKA, 1935 Tr.P(C).No. 336 of 2013 () ----------------------------- IN OP(DIV) 935/2013 of FAMILY COURT,ERNAKULAM TO FAMILY COURT, KOZHIKODE PETITIONER(S)/RESPONDENT: ------------------------- SINU, AGED24YEARS D/O.MICHAEL, MANALIL HOUSE, KUNDAITHODU.P.O KOLATHARA, KOZHIKODE-673665. BY ADV. SRI.LIFFY P. FRANCIS RESPONDENT(S)/PETITIONER: ------------------------- VIKAS VARGHESE, AGED34YEARS S/O.M.C.VARGHESE, MATTUMMEL HOUSE, CLUB JUNCTION EDAPPALLY, KOCHI-24. BY ADV. SRI.E.C.POULOSE ADV. SMT.BOBBY RAPHEAL.C THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON0511-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RKC APPENDIX PETITIONER'S EXHIBITS --------------------- ANNEXURE A1: TRUE COPY OF THE DIVORCE PETITION93513 FILED BY THE RESPONDENT HEREIN BEFORE THE FAMILY COURT, ERNAKULAM ANNEXURE A2: TRUE COPY OF THE PETITION IN M.C.NO.179/13 FILED BY THE PETITIONER HEREIN BEFORE THE FAMILY COURT, KOZHIKODE ANNEXURE A3: TRUE COPY OF THE MEDICAL CERTIFICATE DATED257.2013 ISSUED TO THE PETITIONER. RESPONDENT'S EXHIBITS: NIL RKC //TRUE COPY// PA TO JUDGE P.N.RAVINDRAN, J.
------------------------------- Tr.P.(C).No.336 of 2013 --------------------------------- Dated this the 5th day of November, 2013 ORDER
The petitioner is the wife of the respondent. The marriage between them was solemnised on 27.1.2010. The parties fell out and they started residing separately shortly after the marriage. In that marriage a child now aged 2= years was born. The respondent husband has filed O.P.No.935 of 2013 before the Family Court, Ernakulam for a decree dissolving his marriage with the petitioner. The petitioner later filed M.C.179 of 2013 before the Family Court, Kozhikkode seeking maintenance for herself and her minor child under section 125(1) of the Code of Criminal Procedure.
2. In this transfer petition, the petitioner prays for transfer of O.P.No.935 of 2013 from Family Court, Ernakulam to Family Court, Kozhikkode. The petitioner has averred that she and her minor child are residing at Kolathara within the local limits of the territorial jurisdiction of Family Court, Kozhikkode that she is also suffering from chronic migrane and back pain and in such circumstances, if she were to travel to Ernakulam to defend the case she will be put to considerable inconvenience.
3. The respondent has entered appearance and filed a counter affidavit and an additional counter affidavit. Shorn of details, the Tr.P.(C).No.336 of 2013 ..2.. stand taken therein is that he was manhandled on 8.10.2012 at Kolathara in Kozhikkode District by the petitioner's father and others and that he was kept in the Nallalam police station overnight, though no case was registered against him. He has also averred that no grounds exist to transfer the case and that the medical certificate would only show that the petitioner has been advised to take bed rest on account of back pain for two weeks.
4. I heard Smt.Liffy P.Francis, learned counsel appearing for the petitioner and Sri.Bobby Rapheal.C, learned counsel appearing for the respondent. I have also gone through the pleadings and the materials on record. It is evident from the pleadings and the materials on record that the petitioner is presently residing at Kozhikkode with her parents and her minor child. It is also not in dispute that the respondent is not paying any amount towards maintenance to the petitioner or the minor child. This has in turn lead to the institution of M.C.No.179 of 2013 before the Family Court, Kozhikkode wherein the petitioner has sought maintenance for herself and her minor child. As the respondent is not paying any amount towards maintenance to the petitioner and the minor child, it would not be possible for her to defend the case instituted in the Family Court, Ernakulam. She will also have to take the minor child with her, if she were to travel to Ernakulam to defend the case Tr.P.(C).No.336 of 2013 ..3.. pending in the Family Court, Ernakulam. In such circumstances, I am of the considered opinion that this Court should allow the application for transfer and transfer O.P.No.935 of 2013 to Family Court, Kozhikkode. I accordingly allow the transfer petition and transfer O.P.No.935 of 2013 from Family Court, Ernakulam to Family Court, Kozhikkode for trial and disposal. The parties shall appear in the first instance through counsel before the Family Court, Kozhikkode on 21.11.2013. It will be open to both the parties to move the Family Court for dispensing with their personal appearance except for the purpose of counselling and trial. Sd/- P.N.RAVINDRAN, JUDGE. rkc.