Nizar vs State of Kerala

P. Bhavadasan, J.—The petitioners seek transfer of proceedings pending before various courts to other courts. To be more precise, T.P.(C) No. 150/2014 has been filed by the wife who is the respondent in O.P. No. 301/2013 and T.P.(C) No. 14/2014 has been filed by the wife and children who are the plaintiffs in O.P. No. 1536/2013 pending before the Family Court, Attingal. Tr.P.(Criminal) No. 80/2013 is filed by the husband seeking to have M.C. No. 185/2005 pending before the Family Court, Thiruvananthapuram transferred to Family Court, Attingal.

The marriage between the parties is admitted. The marital life of the parties ran into disarray and they started to live separately and litigations commenced. It is pointed out that the two petitions pending before the Family Court, Attingal namely, T.P.(C) Nos. 14 and 150 of 2014 were initially before the court in Tr.P. (Cr) No. 80/2013 and conn. cases 2 Thiruvananthapuram itself and it was only on the constitution of the Family Court, Attingal that the petitions were transferred to Family Court, Attingal.

The petitioner in T.P.(C) No. 14/2014 who is the 1st petitioner in T.P.(C) No. 150/2014 pointed out that she has been living separately for almost a decade now and even though she filed a maintenance proceedings, she has not even able to get any amount from the respondent-husband. She has three children in the marital relationship with the respondent.

According to her, she has no means to go to Attingal on every occasion and she therefore prays that the two petitions pending before the Family Court, Attingal may be transferred to Family Court, Thiruvananthapuram so as to enable her to prosecute the matter diligently and promptly.

The respondent in T.P.(C) Nos. 14 and 150/2014, on the other hand, pointed out that the respondent is seriously ill as could be seen from the various documents produced along with Transfer Petition (Criminal) No. 80/2013 and the distance to Family Court, Attingal and to Family Court, Thiruvananthapuram Tr.P. (Cr) No. 80/2013 and conn. cases 3 from the place where the petitioner is residing is the same and therefore, no inconvenience is caused to her by having the matters pending before the Family Court, Attingal tried through itself and the transfer petitions are without merits.

The fact remains that the maintenance petition was filed against the respondent in the two petitions namely, T.P.(C) Nos. 14 and 150/2014 as early as in 2005. But, there is nothing to show that the petitioner in the M.C. proceedings has been able to get a single pai in M.C. No. 185/2005 pending before the Family Court, Thiruvananthapuram. It is pointed out by the learned counsel for the petitioners in two petitions of which transfer is sought from Family Court, Attingal that the place where the respondent resides has equal distance from Family Court, Thiruvananthapuram and Family Court, Attingal and no prejudice will be caused to the respondent by having the matter transferred to Family Court, Thiruvananthapuram.

It is averred in the petitions for transfer by the wife that she finds it extremely difficult to travel to Attingal on all occasion when the case is posted and that she has no means to meet the expenses.

The above contention is strongly opposed by the respondent. But the fact remains that even though maintenance proceedings was initiated as early as in 2005, the wife could not get any amount so far. Almost a decade has elapsed. As of now, there is no material to show that the petitioner in T.P.(C) Nos. 14 and 150/2014 is possessed of adequate means to meet the expenses to go over to Family Court, Attingal. It is significant to notice that initially both the petitions were before the court in Thiruvananthapuram itself and it was only on the constitution of the Family Court at Attingal that the two petitions filed by the wife were transferred to Family Court, Attingal. Therefore, the respondent in these two petitions can have no reason to object to the request of the petitioner.

Considering the plight of the petitioner in T.P.(C) No. 150/2014 who is also the 1st petitioner in T.P.(C) No. 14/2014 and in the light of the circumstances revealed from records, it is felt that it is only just and proper that the matter be tried in Family Court, Thiruvananthapuram.

In the result, while dismissing Transfer Petition (Criminal) No. 80/2013, T.P.(C) Nos. 14 and 150 of 2014 are allowed and the matters pending before the Family Court, Attingal namely, O.P. Nos. 301 and 1536 of 2013 shall stand transferred to Family Court, Thiruvananthapuram.