High Court Kerala High Court

P.J. Minimol (Aley) vs P.I. Bennichan (Scaria) on 11 August, 2009

Kerala High Court
P.J. Minimol (Aley) vs P.I. Bennichan (Scaria) on 11 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Tr.P(C).No. 178 of 2009()


1. P.J. MINIMOL (ALEY)
                      ...  Petitioner

                        Vs



1. P.I. BENNICHAN (SCARIA),
                       ...       Respondent

2. ISSAC PERUMPALLIL,

3. MARIAMMA, W/O. ISSAC,

                For Petitioner  :SRI.GEORGEKUTTY MATHEW

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :11/08/2009

 O R D E R
              S.S.SATHEESACHANDRAN, J.
                   -------------------------------
                Tr.P.(C).NO.178 OF 2009 ()
                 -----------------------------------
         Dated this the 11th day of August, 2009

                           O R D E R

Petition for transfer is filed under Section 24 of the Code

of Civil Procedure. Petitioner is the wife and the respondents

are the husband and his parents. Matrimonial disputes

between the wife and the husband, petitioner and 1st

respondent, have given rise to three proceedings, one by the

husband and the other two by the wife. The husband has filed

O.P.(Divorce)No.1196 of 2008 before the Family Court,

Ettumanoor seeking dissolution of the marriage. Wife has

filed two petitions O.P.No.17 of 2009 for return of valuables

and ornaments against the husband and his parents and the

other M.C.No.5 of 2009 claiming maintenance under Section

125 of the Cr.P.C. for herself and also for the child born out of

their wedlock. Wife seeks transfer of O.P.(Divorce)No.1196 of

2008 from the Family Court, Ettumanoor to the Family Court,

Thodupuzha, where the petitions filed by her are pending.

TPC.178/09 2

2. Notice on the application was ordered to the

respondents. Though respondents have been served, they

have not entered appearance.

3. I heard the learned counsel for the petitioner wife. It

is submitted that the only child born out of their wedlock is

under her custody and the child aged ten years is attending a

school. Leaving behind the child unattended, she is unable to

go over to the Family Court, Ettumanoor, where O.P.(Divorce)

No.1196 of 2008 filed by the husband is pending, is the

submission of the learned counsel for the petitioner wife. It is

further submitted that it will be convenient and more

advantageous for the parties if O.P.(Divorce)No.1196 of 2008

is transferred to Family Court, Thodupuzha, where the other

two petitions filed by the wife are pending. The distance from

Chempakapara, the residence of the wife to Family Court,

Ettumanoor is 120 kms and sufficient conveyance is also not

available for her to reach that far of place is the further

submission of the counsel for the petitioner wife. Having

TPC.178/09 3

regard to the submissions made and taking note of the facts

and circumstances presented, I find that the request for

transfer made by the wife deserves sympathetic consideration.

The respondents, having elected to remain absent, it appears,

have practically no serious objection for the transfer sought

for. More than the inconvenience and hardship of the parties,

the interest of the child is to be taken into account in deciding

the question of transfer, I find considerable force in the

submissions made that the mother, who is having the custody

of the child if compelled to go over to the Family Court,

Ettumanoor, situate a far of place, will find it difficult to make

arrangements to look after the child who is stated to be school

going. Taking into consideration all these aspects, I direct for

transfer of O.P.(Divorce)No.1196 of 2008 from the Family

Court, Ettumanoor to the Family Court, Thodupuzha. The

Judge, Family Court, Thodupuzha, on receipt of the records of

the case, shall consider the feasibility of having joint trial of

that case with O.P.No.17 of 2009, if there is no bar under law

to proceed so, so that the parties can lead evidence in

common. The Judge, Family Court, Ettumanoor shall transmit

TPC.178/09 4

the records of the O.P.(Divorce)No.1196 of 2008 to the Family

Court, Thodupuzha without delay. Petition is allowed.

S.S.SATHEESACHANDRAN
JUDGE

prp