IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr P(C) No. 266 of 2007()
1. INDIRA, D/O.VASUDEVA PANICKER,
... Petitioner
Vs
1. K.R.DILEEP KUMAR,
... Respondent
For Petitioner :SRI.SUNIL CYRIAC
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :28/01/2008
O R D E R
M.N.KRISHNAN, J.
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Tr.P.C. NO. 266 OF 2007
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Dated this the 28th day of January, 2008
ORDER
This transfer petition is filed with a prayer to transfer OP
561/07 on the file of the Family Court,Alappuzha to the Family Court,
Kottayam at Ettumanoor. Unfortunately, the couple had fallen out
and the present petition is one for dissolution of the marriage.
2. The grievance of the petitioner is that she has to travel to
a distant place like Alappuzha, which is about 100 Kms. away from
her residence. It is a fact that she is conducting some business in
Alappuzha. The factum that the Family Court, Kottayam at
Ettumanoor is situated 100 Kms. away from Alappuzha is absolutely
incorrect. The Apex court in the decision reported in Anindita Das v.
Srijit Das [2006 (9) SCC 197] has held that it is not desirable to allow
transfer applications indiscriminately and the court has to apply its
mind to the facts and circumstances of each case for a transfer. The
Apex court observed that the leniency shown by the court is misused
by the ladies. This is a case where the wife is carrying out the
business at Alappuzha and that her case is pending at Family Court,
Tr.P.C. No.266/07 2
Alappuzha. When she can come to do the business every day at
Alappuzha, I do not know why she could not conduct the case at
Alappuzha.
Therefore, I do not find any ground to transfer the case. But
I make it clear that since the case involves the question of adultery, it
is mandatory and desirable that it shall be tried as a proceeding in
camera. When the transfer petitioner finds it difficult to attend the
court on days, where her presence is not really necessary, and
moves an application for exemption, that may be considered and
liberally allowed by the court below.
The transfer petition is disposed of accordingly.
M.N.KRISHNAN, JUDGE
vps
Tr.P.C. No.266/07 3