IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr P(C) No. 263 of 2007()
1. SHEENA JOSEPH, D/O.JOSEPH, AGED 37
... Petitioner
Vs
1. P.C.JOY ALIAS JOY PULLALI,
... Respondent
For Petitioner :SRI.MATHAI VARKEY MUTHIRENTHY
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :10/01/2008
O R D E R
M.N.KRISHNAN, J.
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Tr.P.(C) NO. 263 OF 2007
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Dated this the 10th day of January, 2008
ORDER
This petition is filed to transfer OP 1386/2007 pending
before the Family Court, Trichur to Family Court, Kottayam at
Ettumannoor. It is filed on the ground that the petitioner has to travel
a long distance and she is apprehensive of ill-treatment when she
proceeds. It can be seen that the petitioner, who is the wife, has
already filed an application for divorce as OP 743/2007 and it is
pending before the Family Court, Kottayam at Ettumannoor.
Thereafter, the husband of the petitioner has filed a petition for
restitution of conjugal rights before the Family Court, Trichur.
2. Learned counsel for the respondent submits that the
present transfer petitioner is now at London and that the respondent
herein intends to proceed to Gulf country. It is desirable that both
the cases are tried by one and the same court. Then the only
question is regarding the hardship. Since the wife has instituted the
petition before the Family Court first, and being a lady who may have
to travel, I feel that the comparative hardship is more on her. I make
Tr.P.C. No. 263/07 2
it clear that I am not entering into any allegations levelled against the
husband regarding harassment, which is pleaded in the petition. At
the same time, the husband also shall not be unnecessarily put into
difficulties. It can be protected by directing the Family Court, where
the case is to be transferred, not to insist for his personal
appearance on all hearing dates. Further when he applies with
reasonable grounds for exemption, allow it liberally.
Therefore, with theses observations, I direct that OP
1386/2007 pending before the Family Court, Trichur to transfer the
same to Family Court, Kottayam at Ettumannoor for trial along with
OP 743/2007. The Family Court, Kottayam may consider whether it
is possible to have an earlier disposal of the matter taking into
consideration the urgency submitted by the husband in the case.
The transfer petition is disposed of accordingly.
M.N.KRISHNAN, JUDGE
vps