Prijisha vs Dilish N. Nair

Thomas P. Joseph, J.—This petition is filed by the wife seeking transfer of O.P. No. 861 of 2012 from the Family Court, Muvattupuzha to the Family Court, Kollam. That is a petition filed by the respondent-husband for restitution of conjugal rights. Petitioner has filed M.C. No. 128 of 2012 in the Family Court, Kollam claiming maintenance from the respondent. Petitioner, on account of travelling distance requests that the case be transferred to the Family Court at Kollam.

Petition is opposed by the respondent. It is contended that he has to look after his father who has to undergo dialysis. It is also contended that sister of petitioner is staying at Tripunithura and hence petitioner can stay there and contest the case at Muvattupuzha. A further contention is that father of petitioner has threatened to manhandle the respondent.

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 request for transfer of matrimonial proceedings, convenience of the wife has to be looked into. That of course does not mean that inconvenience of the husband has to be ignored.

It is not disputed that petitioner aged 25 years is now residing at Koipadu, near Chathannur, in Kollam District. Whether or not her sister is staying at Tripunithura, if petitioner is staying at the said place she has to travel a long distance from that place to attend the court at Muvattupuzha. Moreover, M.C. No. 128 of 2012 is pending in Family Court, Kollam and so far, for whatever reason it be, respondent has not prayed for a transfer of that case to the Family Court, Muvattupuzha. It is appropriate that both the cases are tried and disposed of by the same court.

Inconvenience of the respondent can be reduced by directing that he need appear in the transferee court only when his physical presence is required.

Resultantly, this Petition is allowed as under:

(1) O.P. No. 861 of 2012 is withdrawn from the Family Court, Muvattupuzha and made over to the Family Court, Kollam for trial and disposal.

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

(3) The transferee court shall ensure that O.P. No. 861 of 2012 (being transferred to it) and M.C. No. 128 of 2012 pending before it are posted as for as possible on the same day itself.

(4) It is made clear that except when physical presence of the respondent in the transferee court is necessary, he can appear through counsel. All pending interlocutory applications will stand dismissed.