IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(C).No. 93 of 2010()
1. REENA ROY S.S., D/O.SUKUMARAN,
... Petitioner
Vs
1. LENIN R., S/O.RAGHAVAN,
... Respondent
For Petitioner :SRI.V.G.ARUN
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :16/06/2010
O R D E R
THOMAS P.JOSEPH, J.
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Tr.P(C) Nos.93 & 94 of 2010
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Dated this the 16th day of June, 2010
O R D E R
These petitions are filed by the wife seeking transfer of
proceedings pending in Family Court, Kozhikode to Family Court,
Nedumangad. Though both petitions respondent is served he has
not responded.
2. Tr.P(C) No.93 is for transfer of O.P. No.455 of 2009
pending in Family Court, Kozhikode to Family Court,
Nedumangad. Tr.P(C) No.94 of 2010 is for transfer of O.P. No.59
of 2010 pending in Family Court, Kozhikode to the Family Court,
Nedumangad. The said proceedings are initiated by the
respondent/husband. Petitioner/wife has filed M.C. No.186 of 2009
and O.P. No.713 of 2009 in Family Court, Nedumangad. It is
stated that petitioner-wife belongs to Karete, Anakkudi within the
jurisdictional limits of Family Court, Nedumangad. It is the case of
petitioner that respondent-husband is a resident of Talikuzhi
within the jurisdictional limit of Family Court, Nedumangad but he
is presently staying in Kozhikode in connection with his
employment. Learned counsel states that petitioner has two
Tr.P(C) Nos.93 and 94 of 2010
-: 2 :-
children aged 2 and 7 years and it is difficult for her to go to
Kozhikode to conduct the cases pending in that Court. Learned
counsel therefore requests that the cases pending in Family
Court, Kozhikode may be transferred to Family Court,
Nedumangad.
3. As per the address of respondent given in these
proceedings he is staying at Palakkottuvayal near Kozhikode may
be in connection with his employment. The consequence of
transferring the cases from Family Court, Kozhikode to Family
Court, Nedumangad is that respondent has also to travel a long
distance from Kozhikode to Thiruvananthapuram by Train or bus
and reach Nedumangad by bus. It may take about 2= hours
to reach Nedumangad by bus from Thiruvananthapuram. That
means, respondent has to spend three days if he wants to attend
the court at Family Court, Nedumangad and go back to his place
of residence. Therefore transfer of cases to Family Court,
Nedumangad though may suit the convenience of petitioner will
cause inconvenience to the respondent. At the same time
inconvenience of petitioner-wife has also to be taken into account.
If the cases continued at Kozhikoe she has to suffer the same
difficulties as the husband has to, as above stated. If all the
above cases are tried in the Family Court, Thiruvananthapuram
Tr.P(C) Nos.93 and 94 of 2010
-: 3 :-
much of inconvenience of both parties can be lessened to the
extent possible. Petitioner can come from her place of residence
to Thiruvananthapuram by bus. Respondent can come to
Thiruvananthapuram and return by train. He will lose only one
day for the purpose as he could travel during night. Having
regard to these circumstances I am persuaded to transfer all the
cases to the Family Court, Thiruvananthapuram.
Resultantly, these petitions are allowed in the following
lines:
(i) O.P. Nos.455 of 2009 and 59 of 2010
pending in Family Court, Kozhikode are withdrawn
from that court and transferred to Family Court,
Thiruvananthapuram for trial and disposal.
(ii) M.C. No.186 of 2009 and O.P.No.713 of
2009 pending in the Family Court, Nedumangad are
withdrawn from that court and transferred to the
Family Court, Thiruvananthapuram for trial and
disposal.
(iii) Learned Judge of Family Court,
Thiruvananthapuram will ensure that all the cases
are posted on the same day and that except when
physical presence of parties is essential for trial or
such other matters they are given exemption from
Tr.P(C) Nos.93 and 94 of 2010
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(iv) The transferor courts shall transmit the
case records to the transferee court with due
intimation to counsel on both sides that parties shall
appear in the transferee court on 30.07.2010.
THOMAS P. JOSEPH, JUDGE.
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