IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(C).No. 251 of 2010()
1. RASHITHA, D/O.K.K.RAJAN,
... Petitioner
Vs
1. BIJU LAL, S/O.LATE BALAKRISHNAN,
... Respondent
For Petitioner :SRI.K.V.SOHAN
For Respondent :SRI.JACOB ABRAHAM
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :06/09/2010
O R D E R
THOMAS P. JOSEPH, J.
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Tr.P.(C) No.251 of 2010
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Dated this the 6th day of September, 2010.
ORDER
This petition is filed by the wife who is a resident of Talassery in
Kannur District seeking transfer of O.P. Nos.474 of 2010 and 108 of 2010 from
Family Court, Kozhikode to Family Court, Kannur. Those petitions are filed by
the respondent/husband for custody of children and for divorce. Petitioner
states that she is a resident of Thalassery, in Kannur District, children are
studying at Thalassery and that she has to travel a long distance to attend
Family Court, Kozhikode. Respondent is a resident of Elathur, in Kozhikode
District . Learned counsel for petitioner requests that the cases may be
transferred to Family Court, Kannur. Learned counsel for respondent
contended that in O.P.No.474 of 2010 there is an order to produce the child in
the court concerned, but petitioner is not complying with that order.
2. 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 proceedings convenience of the wife has to
be looked into. True that does not mean that inconvenience if any of the
husband need not be considered.
Tr.P.(C) No.251/2010
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3. Considering the fact that petitioner is a lady aged about 35 years,
that she has to travel a long distance and that she has to be accompanied by
somebody which involves huge expenses, the comparative hardship on the
petitioner is higher if the request for transfer is not allowed than the hardship on
the respondent if request for transfer is allowed. Hence I am inclined to allow
this petition.
Resultantly this petition is allowed in the following lines:
i. O.P. Nos.474 of 2010 and 108 of 2010 pending in Family Court,
Kozhikode are withdrawn from that court and made over to Family Court,
Kannur for trial and disposal.
ii. The transferor court shall, while transmitting records of the cases to
the transferee court fix date for appearance of parties in the transferee court
with due intimation to the counsel on both sides.
iii. It is made clear that except when physical presence of respondent
is required in the transferee court it is open to him to appear through counsel.
iv. Transferee court shall ensure that as far as possible all the cases
are posted on the same dates.
Tr.P.(C) No.251/2010
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v. It is made clear that it will be open to the respondent to enforce the
interim order if any passed in O.P.No.474 of 2010 in the transferee court.
I.A.No.2040 of 2010 will stand dismissed.
THOMAS P.JOSEPH,
Judge.
cks