ANSHADHA, D/O.SHAMSUDHEEN vs AKBAR, S/O.ABOOBACKER

The prayer in the Transfer Petition (Civil) is as follows: Therefore, it is most humbly prayed that this Honourable Court may be pleased to pass

an order transferring O.P No.717/2017 pending before the Family Court, Tirur to Family Court Thrissur so as to secure the ends of justice.

Heard Sri.Saijo Hassan, learned counsel for the petitioner and Sri.C.K.Khalid, learned counsel for the respondent.

The petitioner herein is the wife of the respondent herein. Differences of opinion between the parties have led to matrimonial disputes, which in

turn lead to the respondent (husband) in filing O.P.No.717/2017 (seeking restitution of conjugal rights) before the Family Court, Tirur. The

petitioner would contend that she along with her two minor children are now residing at her parental home at Elavally, Chavakad, and that she had

to bear the entire responsibility of rearing the children and to look after their needs and she finds it difficult to travel all the way from Elavally,

Chavakad, Thrissur District to Tirur, Malappuram District to attend the litigative proceedings at the Family Court, Tirur.

The plea for transfer is opposed by the respondents pointing out that they will also have inconvenience, if the case is transferred to Thrissur. It is

also stated by the respondent that this Court may issue necessary directions to ensure that the parties are referred to mediaton without any further

delay. Necessary directions in that regard could be given to the Family Court, Tirur to ensure that the parties are referred to the mediation process

without any further delay.

In the judgments of the Apex Court as in Sumitha Singh v. Kumar Sanjay & Anr. reported in (2001) 10 SCC 41, Rajwinder Kaur v. Balwinder

Singh reported in (2003) 11 SCC 726, Mona Aresh Goel v. Aresh Satya Goel, reported in (2000) 9 SCC 255, Vaishali Shridhar Jagtap v.

Shridhar Vishwanath Jagtap, reported in AIR 2016 SC 3584, etc. it has been held that in the matter of transfer of cases from one Family Court to

another, inconvenience to wife should be given special consideration by the courts, etc.

Taking into account the facts and circumstances disclosed in this petition, this Court is inclined to consider the plea for transfer of

O.P.No.717/2017 pending on the file of the Family Court, Tirur to Family Court, Thrissur. Accordingly, it is ordered that O.P.No.717/2017

pending on the file of the Family Court, Tirur to Family Court, Thrissur. The petitioner will produce a certified copy of this order before the Family

Court, Tirur, without further delay. Upon receipt of the copy of the order, the Family Court, Tirur will take steps to ensure that the case papers

and case records in relation to O.P.No.717/2017 pending on the file of the Family Court, Tirur are transmitted to the Family Court, Thrissur. After

receiving the case papers and case records in relation to O.P.No.717/2017, the Family Court, Thrissur will issue notices to both parties and

proceed further with the matter, in accordance with law.

In order to alleviate the difficulties of the parties for personally attending before the Family Court, it is ordered in the interest of justice that it will

be open to both parties to make appropriate applications for exemption from personal appearance before the Family Court, upon which, the said

request may be considered favourably, provided the parties are represented through Advocates. However, it is made clear that the parties

concerned will have to appear before the Family Court at the time of counseling and mediation process, etc. and as and when specifically so

directed by the Family Court.

With the above observations and directions, the aforecaptioned Transfer Petition (Civil) stands finally disposed of.