IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(C).No. 86 of 2010()
1. LIJA MOL, W/O. BAIJU, CHEMPRASSERY
... Petitioner
Vs
1. BAIJU,S/O. K.V.JANARDANAN, KUNJUMAKKUM
... Respondent
For Petitioner :SRI.ALEXANDER GEORGE
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :13/07/2010
O R D E R
THOMAS P.JOSEPH, J.
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Tr.P(C) No.86 of 2010
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Dated this the 13th day of July, 2010
O R D E R
Respondent is served on this petition but he has not turned
up.
2. Petitioner-wife seeks transfer of O.P(HMA) No.1691 of
2010 from Family Court, Thrissur to Family Court, Ernakulam. It is
stated that she has filed O.P. No.2031 of 2009 and M.C. No.70 of
2010 against respondent-husband in Family Court, Ernakulam. It
is also stated that she is a resident of Kumbalam, near Ernakulam
while respondent belongs to Edavilanga in Kodungalloor.
According to the petitioner if O.P(HMA) No.1691 of 2009 continued
in Family Court, Thrissur she has to travel a lot. It is also stated
that there is nobody to accompany her to Thrissur to attend the
court there.
3. The Supreme Court in Sumitha Singh v. Kumar
Sanjay and Another (AIR 2002 SC 396) and Arti Rani v.
Dharmendra Kumar Gupta ([2008] 9 SCC 353) has stated
that while considering request for transfer of matrimonial
Tr.P(C) No.86 of 2010
-: 2 :-
proceedings convenience of the wife has to be looked into. That
of course does not mean that the inconvenience of the husband
has to be ignored. Petitioner has pointed out that two cases she
has filed against the respondent are pending in Family Court,
Ernakulam. Petitioner is a resident of Kumbalam which is very
near to Ernakulam. Respondent being a resident near
Kodungalloor, it will not be much inconvenient to him to come to
Ernakulam considering the distance between the two places. He
has to attend Family Court, Ernakulam to contest the two cases
pending against him in that court. In the circumstances transfer
of the case pending in Family Court, Thrissur to Family Court,
Ernakulam will be of much help to the petitioner while it will not
cause much inconvenience to the respondent. Hence I am
inclined to allow this petition.
Resultantly, petition is allowed as follows:
(i) O.P(HMA) No.1691 of 2009 pending in
Family Court, Thrissur is withdrawn from that court
and transferred to Family Court, Ernakulam for
disposal.
Tr.P(C) No.86 of 2010
-: 3 :-
(ii) The transferor court while transmitting
records of the case to the transferee court shall fix
date for appearance of the parties in the transferee
court with due intimation to the counsel for both
parties.
(iii) The transferee court shall, as far as
possible post all the cases involving petitioner and
respondent on the same dates.
THOMAS P. JOSEPH, JUDGE.
vsv