Deepa Robert @APPELLANT@Hash Robert C

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

"Issue a direction transferring Annexure III - O.P. No.187/2017 pending before the Family Court, Ettumannoor to the Family Court, Pala."

Heard Sri.Liji J. Vadakedom, 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 of the respondent herein. Due to the matrimonial disputes between the spouses, the respondent has filed O.P. No.174/2017 before the Family Court, Pala for custody of the children and O.P. No.187/2017 before the Family Court, Ettumanoor for restitution of conjugal rights. It is submitted that the petitioner resides at Kanjirappally in Kottayam District. Petitioner states that she finds it extremely difficult to travel all the way from Kanjirappally to attend the proceedings pending before the Family Court, Ettumanoor, but Family Court, Pala is more closer to her residence.

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.187/2017 now pending on the file of the Family Court, Ettumanoor will stand transferred to file of the Family Court, Pala. The petitioner shall produce a certified copy of this order before the Family Court, Ettumanoor and upon such receipt, that Court shall transmit the case papers and records in relation to O.P. No.187/2017 to the Family Court, Pala. On receipt of the case papers, the Family Court, Pala 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 petitioner regarding the inconvenience faced by her, 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.