Baby K.K vs Shaji John N. P

A. Badharudeen, J

Baby K.K., the wife of the first respondent herein seeks transfer of O.P.No.564 of 2021 pending before the Family Court, Malappuram to Family Court, Ottapalam highlighting her convenience on asserting that the same is the place where, she has been residing permanently.

The second respondent in this petition is the alleged adulterer.

Tr.P(C)No.105 of 2022 is at the instance of the second respondent in O.P.No.666 of 2021 pending before the Family Court, Ottapalam and prayer therein is to transfer the said case to Family Court, Malappuram. The petitioner herein, Rugmini, the mother of the first respondent (who is the husband of Baby K.K.) asserts that she has some health problems. Therefore, she cannot travel a long distance to conduct case before the Family Court, Ottappalam and therefore the same shall be transferred to the Family Court, Malappuram, where she has been residing.

I have gone through the averments in both petitions. It is true that in O.P.No.666 of 2021, the second respondent/the petitioner in Tr.P.(C)No.105 of 2022 also is arrayed as second respondent on the allegation that she had encouraged and facilitated, misappropriation of the gold ornaments by the first respondent that belonged to Baby K.K.

The learned counsel for Baby K.K. submitted that the allegation of adultery is totally false and Baby K.K., who has been permanently employed in Health Department, Government of Kerala, is leading a decent life and the allegation of adultery is baseless. According to the learned counsel for Baby K.K, taking note of the convenience of the wife, the prayer in Tr.P.(C)No.458 of 2021 is to be allowed.

However, the learned counsel appearing for Rugmini, the second respondent in O.P.No.666 of 2021 pointed out that the pathetic situation of the 88 years old lady also to be taken into consideration by this Court, while considering transfer.

As I have already pointed out, the personal presence of Rugmini (second respondent) in O.P.No.666 of 2021 can be dispensed with and therefore, the grievance of Rugmini can be addressed in that way. It is specifically ordered that the Family Court, Ottapalam shall not insist personal presence of the Rugmini, unless her presence is absolutely necessary that too for one or two occasions, in the interest of justice.

Accordingly, Tr.P.(C)No.458 of 2021 stands allowed. O.P.No.564 of 2021 pending before the Family Court, Malappuram shall stand transferred to the Family Court, Ottapalam.

Forward a copy of this order within two weeks for compliance to the Family Court, Malappuram. Family Court, Malappuram is directed to forward the case records to the Family Court, Ottapalam forthwith.

The parties in O.P.No.564 of 2021 shall appear before the Family Court, Ottapalam on 04.04.2022.

Tr.P.(C)No.105 of 2022 is dismissed with direction to the Family Court concerned not to insist personal presence of the second respondent/the petitioner therein as directed above.