Ansu vs Jayson Varghese

Thomas P. Joseph, J.—This petition is filed by the wife, respondent in O.P. (Div.) No. 195 of 2012 for transfer of that case from the Family Court, Thiruvalla to the Family Court, Alappuzha, at Mavelikkara Camp. Respondent has filed O.P. (Div.) No. 195 of 2012 for divorce. Petitioner is aged about 26 years and is residing near Mavelikkara. She has to travel about 35 kms. to attend the Family Court at Thiruvalla. There is nobody to accompany the respondent.

Respondent has opposed the application. According to the learned counsel if the case is transferred to the Family Court, Alappuzha at Mavelikkara Camp it will cause inconvenience to the respondent.

The Supreme Court in Sumita Singh Vs. Kumar Sanjay and Another, and Arti Rani @ Pinki Devi and Another Vs. Dharmendra Kumar Gupta, has held that while considering the request for transfer of matrimonial proceedings convenience of the wife has to be looked into. Having regard to the difficulties of both sides I am inclined to think that the comparative hardship is more on the petitioner if request for transfer is not allowed. Moreover, the inconvenience if any that may be caused to the respondent could be reduced by directing that he can appear in the Family Court, Alappuzha at Mavelikkara Camp through counsel except when his physical presence is required.

Resultantly this transfer petition is allowed as under:

(i) O.P. (Div.) No. 195 of 2012 pending in the Family Court, Thiruvalla is withdrawn from that court and transferred to the Family Court, Alappuzha at Mavelikkara Camp for trial and disposal.

(ii) The transferor court while transmitting records of the case to the transferee court shall fix the date for appearance of the parties in the transferee court with due intimation to the counsel for both parties.

(iii) Respondent can appear in the transferee court through counsel except when his physical presence is required.

I.A. No. 867 of 2012 will stand dismissed.

All pending interlocutory applications will stand dismissed.