IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr P(C) No. 96 of 2007()
1. SREELATHA.V.G., SIVAKRIPA HOUSE,
... Petitioner
Vs
1. B.MANOJ KUMAR, RAMAPURATH HOUSE,
... Respondent
For Petitioner :SRI.MOHAN IDICULLA ABRAHAM
For Respondent : No Appearance
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :10/09/2007
O R D E R
HARUN-UL-RASHID, J.
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Tr.P.(C) No.96 of 2007
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Dated: September 10, 2007
ORDER
The petitioner in the above transfer petition had initiated three
proceedings before the Family Court, Kottayam. The respondent is her
husband. The marriage of the petitioner and the respondent was solemnized on
5.12.1999 at the Mahadeva Temple at Kallara, Kottayam District. Both the
parties are permanent residents of the Kottayam District. On 13.10.2001 a child
was born to the parties. According to the petitioner she was subjected to cruelty
and severe ill-treatment by the respondent/husband, both physically and
mentally on several occasions. In such circumstances the petitioner was
compelled to leave her matrimonial home on 2.12.2006 along with the child.
Thereafter she is living with her parents in her parental home. The respondent is
doing contract work in Wynad District which is at a distance of 300 kms. from the
petitioner’s residence.
2. Since all efforts made by the petitioner and her family members to
settle the disputes between the husband and the wife failed, the petitioner filed
O.P.937/2006 for divorce before the Family Court, Kottayam. The petitioner also
filed O.P.No.938/2006 for recovery of cash and gold ornaments entrusted with
her husband at the time of marriage. Since the petitioner is a housewife and has
no income whatsoever, she was compelled to file M.C.No.248/2006 before the
same court for her maintenance and for the maintenance of her child. The
Tr.P.(C) 96/2007 Page numbers
Family Court, Kottaym had passed an order directing the respondent/husband to
pay interim maintenance at Rs.600/- per month to the petitioner and her child.
3. It is submitted that after getting notice on these three proceedings, the
respondent filed O.P.No.11/2007 seeking custody of the child and
O.P.No.16/2007 for restitution of conjugal rights, before the Family Court,
Wynad. In both these cases the petitioner appeared and is regularly attending
the court by travelling a distance of 300 kms. According to the petitioner, the
initiation of proceedings before the Family Court, Wynad which is at a distance of
300 kms. away from the Family Court, Kottayam is only with the sole intention to
harass the petitioner and her child, that the respondent who is a permanent
resident of Kottayam District is temporarily living at Wynad and that he has no
reason to initiate proceedings before the Family Court, Wynad. It is also
submitted that the petitioner is a person without any means and now she is
depending for her livelihood on the income which was granted by the Family
Court, Kottayam towards interim maintenance. She has to travel all the way to
Wynad on the previous day of the posting of the case, to stay there and attend
the court proceedings on the next day. According to her, this conduct of the
respondent is causing severe hardship to the petitioner and her child.
4. Going by the facts and circumstances narrated above, I am of the view
that for reasons more than one, O.P.11/2007 and O.P.16/2007 pending before
the Family Court, Wynad are matters which are to be tried along with the cases
pending before the Family Court, Kottayam not only by reason of the
Tr.P.(C) 96/2007 Page numbers
convenience of the parties, but also for the reason that there is a possibility of
conflicting decisions on the same issues if those cases are tried separately by
two courts having jurisdiction.
Therefore, in the interests of justice I order transfer of O.P.11/2007 and
O.P.16/2007 pending before the Family Court, Wynad to the Family Court,
Kottayam, to be tried along with O.P.Nos.937/2006, 938/2006 and
M.C.No.248/2006. Ordered accordingly.
HARUN-UL-RASHID
JUDGE
mt/-