Ashi K Sleeba @APPELLANT@Hash Josie Mathai

The main prayer in this Transfer Petition (Civil) filed under Section 24 of the Code of Civil Procedure is as follows :

"For these and other grounds to be urged at the time of the hearing, it is most humbly prayed that this Hon'ble Court may be pleased to pass an order withdrawing O.P. No.195 of 2017 from the files of the Family Court, Muvattupuzha to the Family Court, Ernakulam for trial and disposal, in the interest of justice."

Heard Sri.T.M. Raman Kartha, learned counsel appearing for the petitioner. Though notice has been duly served on the respondent, there is no appearance for that party.

The petitioner herein is the wife and respondent is the husband. The petitioner would contend that she is residing at Kangarappady, near Kochi in Ernakulam District and she finds it extremely difficult to travel all the way from her residence to attend to the Family Court at Muvattupuzha. Learned counsel for the respondent opposed the plea for transfer and submitted that he would be seriously inconvenienced, if the prayer for transfer from Family Court, Muvattupuzha to Family Court, Ernakulam is allowed. The said difficulties in the matter of transfer could be levied through personal exemption.

The respondent/husband has filed O.P. No.195 of 2017 on the files of the Family Court, Muvattupuzha seeking dissolution of marriage. The petitioner has filed Annexure 1 O.P. No.1321/2013, seeking return of gold ornaments and M.C. No.257 of 2014 seeking maintenance before the Family Court, Ernakulam. Out of the three proceedings, two are pending before the Family Court, Ernakulam and O.P. No.195/2017 is pending before the Family Court, Muvattupuzha.

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.

Accordingly, it is ordered that O.P. No. 195/2017 now pending on the file of the Family Court, Muvattupzha will stand transferred to file of the Family Court, Ernakulam. The petitioner shall produce a certified copy of this order before the Family Court, Muvattupzha and upon such receipt, that Court shall transmit the case papers and records in relation to O.P. No. 195/2017 to the Family Court, Ernakulam. On receipt of the case papers, the Family Court, Ernakulam shall issue notices to the parties concerned and thereafter proceed with the matter in accordance with law.

Taking note of the submissions made by the parties regarding the inconvenience faced by them, 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. However, it is made clear that the parties will have to appear before the Family Court at the time of counselling and mediation process, etc., as and when specifically so directed by the Family Court.

With these observations and directions, this Transfer Petition (Civil) stands finally disposed of.