Komalavally vs K.V. Sasi

Thomas P. Joseph, J.—The respondent appears through counsel. This petition is filed by the wife seeking transfer of O.P. No. 57 of 2012 from the Family Court, Kalpetta to the Family Court, Palakkad.

That petition is filed by the respondent-husband for dissolution of marriage.

It is stated that the petitioner, aged about 42 years is residing at Puthur in Palakkad Village and that she has to travel a long distance to the Family Court, Kalpetta at Wayanad. She has to be accompanied by somebody which involves expenses.

The respondent is residing at Chennalodu in Vythiri Taluk.

The Supreme Court in Sumita Singh Vs. Kumar Sanjay and Another, and Arti Rani @ Pinki Devi and Another Vs. Dharmendra Kumar Gupta, has held that while considering the request for transfer of matrimonial proceedings convenience of the wife has to be looked into. Having regard to the circumstances stated before me I am inclined to think that comparative hardship is more on the petitioner if request for transfer is not allowed. The inconvenience that may be caused to the respondent could be reduced by directing that he could appear in the Family Court, Palakkad through counsel except when his physical presence is required. I am inclined to allow the request for transfer. Resultantly this petition is allowed as follows:

(i) O.P. No. 57 of 2012 pending in the Family Court, Kalpetta is withdrawn from that court and made over to the Family Court, Palakkad for trial and disposal.

(ii) The transferor court while transmitting records of the case to the transferee court shall fix the date for appearance of parties in the transferee court with due intimation to the counsel on both sides.

(iii) The respondent can appear in the transferee court through counsel except when his physical presence is required. I.A. No. 1194 of 2012 will stand dismissed.