High Court Kerala High Court

Meera Krishnan vs Pavan.C.Adiyodi on 18 October, 2010

Kerala High Court
Meera Krishnan vs Pavan.C.Adiyodi on 18 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Tr.P(C).No. 5 of 2010()


1. MEERA KRISHNAN, AGED 27,
                      ...  Petitioner

                        Vs



1. PAVAN.C.ADIYODI, 37 YRS,
                       ...       Respondent

                For Petitioner  :SRI.SUNIL NAIR PALAKKAT

                For Respondent  :SRI.B.PREMNATH (E)

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :18/10/2010

 O R D E R
                 THOMAS P JOSEPH, J.

                ----------------------------------------

                Tr.P(C).Nos.5 and 6 of 2010

                ---------------------------------------

             Dated this 18th day of October, 2010

                              ORDER

These petitions are for transfer of O.P.Nos.1500 and 1501

of 2009 from Family Court, Nedumangad to Family Court,

Kannur. The said petitions are filed by the respondent/husband

for custody of the minor child and for restitution of conjugal

rights. Petitioner/wife, it is not disputed is a resident of

Taliparamba, in Kannur District while respondent is a permanent

resident of Trikkaripur in Kannur District but now staying at

Thiruvanathapuram in connection with his employment as a

Software Engineer (learned counsel for respondent was however

not able to say about the permanent residence of respondent).

Learned counsel for petitioner states that she has to travel all the

distance from kannur to Nedumangad to contest the cases.

Learned counsel for respondent states that if the cases are

transferred to Kannur it may not be possible for respondent to

appear in that court and it may also affect his employment as a

Software Engineer at Thiruvananthapuram as he has to often

take leave. As I stated, fact of residence of petitioner at

Taliparamba is not disputed. Petitioner is aged about 27 years.

Tr.P(C).Nos.5 and 6 of 2010
: 2 :

The distance from Kannur to Thiruvanathapuram is more than

500 kms even going by train and from Thiruvananthapuram

petitioner has to travel by bus to reach Nedumangad. It may

even take 2 days for her to go to Nedumangad and same time to

return to her place of residence. Petitioner/wife is aged 27 years,

has necessarily to be accompanied by some relatives which

involves expense also. The Supreme Court in Sumitha Singh

Vs. Sanjay Kumar & Another (AIR 2002 SC 396) and Arti

Rani Lrs. Pinki Devi and Another Vs. Darmendra Kumar

Gupta (2008(9) SCC 353) stated that while considering request

for transfer in matrimonial proceedings convenience of the wife

has to be looked into. Having regard to the facts and

circumstances of the case I am inclined to think that comparative

hardship of petitioner/wife if the cases continued at Nedumangad

is much more than the hardship that respondent may be put to, if

the cases are transferred to Family Court, Kannur. I must also

bear in mind that petitioner has filed M.C.No.483 of 2008 in the

Family Court, Kannur claiming maintenance from respondent and

that petition is pending in that court. In connection with that

case respondent has to go to that court. So far, no request for

transfer of that case is made by respondent. In the

Tr.P(C).Nos.5 and 6 of 2010
: 3 :

circumstances stated above I am inclined to allow the transfer

requested by petitioner/wife.

Resultantly this petition is allowed in the following lines:

               (i)     O.P.Nos.1500 of 2009 and 1501 of 2009

        pending      in   Family   Court,  Nedumangad      are

withdrawn from that court and made over to Family

Court, Kannur.

(ii) The transferor court shall transmit

records of the cases to the transferee court with due

intimation to counsel on both sides as to the date of

appearance in transferee court.

(iii) Transferor court shall ensure that all

the cases between the parties are posted as far as

possible on the same dates.

(iv) It is made clear that except when

physical presence of respondent is required, he can

appear through counsel in the transferee court.

(THOMAS P JOSEPH, JUDGE)

Sbna/-