IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(C).No. 126 of 2008()
1. MAREENA SCARIA, AGED 23 YEARS,
... Petitioner
Vs
1. PRINCE GEORGE, AGED 26 YEARS,
... Respondent
For Petitioner :SRI.PHILIP J.VETTICKATTU
For Respondent :SRI.S.SUDHISH KUMAR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :11/07/2008
O R D E R
M.SASIDHARAN NAMBIAR, J.
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Tr.P.(C) No.126 of 2008
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Dated this the 11th July, 2008.
O R D E R
Petitioner is the wife and respondent is husband. This
petition is filed to transfer O.P.No.298 of 2008, a petition filed before
the Family Court, Ernakulam, for restitution of conjugal rights by the
respondent, to Kottayam. The case of petitioner is that she is residing
at Chirakadavu and has to travel 110 Kms. to attend Family Court,
Ernakulam, and respondent is residing at Angamaly which is only 30
Kms. from Ernakulam and 65 Kms. to Family Court, Kottayam, and in
such circumstances, case may be transferred to Family Court,
Kottayam.
2. Respondent filed a counter affidavit stating that he is
working in Bomaby and has to come to Ernakulam by flight and if the
case is to be transferred to Kottayam, it will take two more days, and
in such circumstances, the transfer would cause much difficulty. It is
also contended that distance from the residence of the petitioner to
Family Court, Kottayam, is not so near and in such circumstances,
there is no reason order transfer.
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3. The learned counsel appearing for the petitioner and
learned counsel appearing for respondent were heard.
4. The learned counsel appearing for the petitioner
submitted that parents of the petitioner are having ailments and
cannot accompany petitioner to Ernakulam, and in such
circumstances, the case may be transferred to Kottayam.
5. The learned counsel appearing for the respondent
pointed out that counselling of the case is over and presence of the
petitioner is necessary only on the date on which evidence is to be
recorded and the respondent is prepared to meet her travelling
expenses and in such circumstances, and the case may not be
transferred.
6. Even according to the petitioner, the distance from
the residence of the petitioner to Family Court, Kottayam is 60 Kms.
Therefore, even if the case is to be transferred to Family Court,
Kottayam, petitioner has to travel a distance of 60 Kms. What she
would be saving is distance from Ettumannoor to Ernakulam. Presence
of the petitioner is not necessary for each posting date. Family Court
Tr.P.(C) No.126/2008
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could be directed to dispense with the presence of the petitioner on all
posting dates.
In such circumstances, I do not find it necessary to
order transfer sought for, considering the difficulties expressed by the
husband. Family Court, Ernakulam is directed not to insist for the
presence of the petitioner, except on the day on which her evidence is
to be recorded. When evidence of the petitioner is to be recorded,
the Family Court shall direct respondent-petitioner before the Family
court, to direct to deposit the travelling expenses by taxi to Family
Court, Ernakulam, and only if the amount is deposited, presence of
the respondent is to be insisted upon.
Transfer petition is disposed as above.
M.SASIDHARAN NAMBIAR,
JUDGE
nj.