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Judgment
7 paragraphs · 389 wordsThomas P. Joseph, J.—Respondent though served, there is no response.
This petition is for transfer of O.P. No. 171 of 2011 From Family Court, Thrissur to Family Court, Alappuzha. That is a petition filed by the Respondent-husband for restitution of conjugal rights. Petitioner-wife is aged 35 years residing at Aroor, near Cherthala, she is depending on her aged parents of whom the mother is a pensioner. It is also submitted that Petitioner is scared of going to Thrissur to appear in Family Court, Thrissur where Respondent has filed the above said Original Petition. Further contention of Petitioner is that her children are studying at Aroor and she finds it difficult to travel all the distance from Aroor to Thrissur to contest the case. Respondent is aged about 41 years and is residing at Annakkara, in Chavakkad Taluk.
The Supreme Court in Sumita Singh Vs. Kumar Sanjay and Another, and Arti Rani v. Dharmendra Kuma r 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. That of course does not mean that inconvenience of the husband has to be ignored. Petitioner-wife is aged 35 years and she finds it difficult to travel all the distance from her place of residence to Family Court, Thrissur to contest the case. She may have to be accompanied by somebody which involves expense. The inconvenience if any caused to the Respondent can be reduced by permitting him to appear in the transferee court through counsel except when physical presence is required. Having regard to the circumstances stated I am inclined to think that hardship is comparatively more on Petitioner if request for transfer is not allowed. Hence I am inclined to allow this petition.
Resultantly, petition is allowed in the following lines:
(i) O.P. No. 171 of 2011 pending in Family Court, Thrissur is withdrawn from that court and transferred to Family Court, Alappuzha for trial and disposal.
(ii) The transferor court while transmitting records of the case to the transferee court shall fix date for appearance of parties in the transferee court with due intimation to the counsel for both parties.
(iii) It is made clear that except when physical presence of Respondent in the transferee court is necessary, he can appear through counsel.