K.K. Dharmaja vs Babu

Petitioner in this transfer petition is the wife, who is the respondent in O.P.(HM)No.397/2020 on the file of Family Court, Thodupuzha. Her request

in this proceeding is to transfer O.P. (HM)No.397/2020 from the file of Family Court, Thodupuzha to Family Court, Kozhikode, contending that she is

living within the local limits of Family Court, Kozhikode.

I heard the learned counsel for the petitioner and the learned counsel for the respondent/husband.

It is contended by the learned counsel for the petitioner that M.C.No.50/2020 filed by her alleging domestic violence is pending before Judicial First

Class Magistrate, Koyilandy. The petitioner is stated to be a retired employee suffering from several diseases. Medical records were produced to

substantiate her contentions. It is stated that she has to undertake journey of approximately 200 kms from her place of residence to reach Family

Court, Thodupuzha.

On the other hand, the learned counsel for the respondent pointed out that the respondent is a senior citizen and is undergoing treatment for

coronary arthritis disease. Some of the medical records were handed over to this Court at the time of arguments to support his contention.

Having heard the submissions made by the learned counsel appearing on both sides, I do not find any reason to reject the request for transfer made

by the petitioner.

As per the settled position of law, the court shall prioritise the inconveniences pointed out by the woman litigant than those of the respondent.

However, taking into account the submission made on behalf of the respondent that he is ailing from coronary arthritis disease, I am of the opinion that

he can move the Family Court concerned seeking exemption for physical appearance except on occasions when his presence is inevitable.

In the result, transfer petition is allowed ordering transfer of O.P.(HM)No.397/2020 from the file of Family Court, Thodupuzha to Family Court,

Kozhikode. It is directed that records shall be transmitted forthwith by Family Court, Thodupuzha to the Family Court, Kozhikode and the transferee

court shall fix up a day for appearance of parties either in person or through their counsel within a reasonable period. It is further made clear that, if

respondent applies for exemption from his personal appearance, the Family Court, Kozhikode shall decide the same in accordance with law.

All pending interlocutory applications will stand closed.