REMYA .V vs PRAMOD CHANDRAN.R

The prayer Tr.P(C).No. 373/2017 is as follows:

Passing an order directing to transfer O.P.No. 513/2016 pending before the Family Court, Mavelikkara to Family Court, Thiruvalla.

The prayer Tr.P(C).No. 374/2017 is as follows:

Passing an order directing to transfer O.P.No. 252/2017 pending before the Family Court, Mavelikkara to Family Court, Thiruvalla.

The prayer Tr.P(C).No. 313/2017 is as follows:

.... to transfer O.P.No.381/2016 on the file of the Family Court, Thiruvalla to the Family Court, Mavelikara and pass such other orders as is just

and proper in the interest of justice.

The petitioner in Tr.P(C).Nos. 373/2017 and 374 is the wife of the respondent therein, who happens to be the petitioner in Tr.P(C).No.

313/2017. Differences of opinion between the parties have led to matrimonial disputes, which in turn, have led to the initiation of litigative

proceedings between the spouses. The husband has filed O.P.No. 513/2016 before the Family Court Mavelikkara, seeking dissolution of

marriage. The wife has filed maintenance case under Sec. 125 of the Cr.P.C. as M.C.No.133/2016 seeking maintenance, which is pending before

the Family Court Thiruvalla. Later the wife has filed O.P.No.252/2017 before the Family Court, Mavelikkara, against the respondent (husband) to

prevent his attempt to defeat the decree. The wife would contend that she is now residing at Kallooppara near Mallappally, Pathanamthitta district

and she finds it difficult to travel all the way from Kallooppara near Mallappally to attend the Family Court proceedings at Mavelikkara, in respect

of O.P.No. 513/2016 initiated at the behest of the husband and O.P.No. 252/2016 filed by the petitioner. The husband would contend that the

abovesaid prayer of the wife may be rejected and further he would contend in Tr.P(C).No.313/2017 that O.P.No. 381/2016 filed the wife before

the Family Court, Thiruvalla may be transferred to the Family Court, Mavelikkara, as he is residing at Mavelikkara. He would contend that if the

plea for transfer made by the wife of allowed, he would find it difficult to travel all the way from Mavelikkara to Thiruvalla to attend the

proceedings in O.P.No. 381/2016 filed by the wife before the Family Court, Thiruvalla.

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.

The difficulties expressed by the husband regarding travel and other difficulties could be alienated by issuing necessary directions in the matter of

personal exemption. Accordingly, this Court is inclined to consider the plea made by the wife and this Court is not inclined to consider the plea for

transfer made by the husband. In this view of the matter, the prayer in Tr.P(C).No. 313/2017 made by the husband to transfer O.P.No. 381/2017

from the Family Court Thiruvalla to the Family Court, Mavelikkara will stand rejected. It is ordered in the interest of justice that the pleas made by

the wife in Tr.P(C).Nos. 373 and 374 of 2017 are allowed. Accordingly, it is ordered O.P.Nos.513/2016 and O.P(C).No. 252/2017 pending on

the file of the Family Court Mavelikkara will stand transferred to the Family Court, Thiruvalla. The petitioner (wife) in Tr.P(C).Nos. 373/2017 and

374/2017 will produce a certified copy of this order before the Family Court, Mavelikkara without further delay. Upon receipt of the copy of the

order, the Family Court, Mavelikkara, will take steps to ensure that the case papers and case records in relation to O.P.No.513/2016 and

O.P.No. 252/2017 pending on the file of that court are transmitted to the Family Court at Thiruvalla. After receiving the case papers and case

records in relation to O.P.No.513/2016 and O.P.No. 252/2017, the Family Court at Thiruvalla, will issue notices to both parties and proceed

further with the matter, in accordance with law.

In order to alleviate the difficulties expressed by the parties for personally attending the family court proceedings, 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,

the aforecaptioned Transfer Petitions (Civil) stand finally disposed of.