Rincy Prasad vs Satheesh Kumar

Thomas P. Joseph, J.—Respondent is served but there is No. response.

This petition is for transfer of O.P(G&W) No. 431 of 2011 from Family Court, Nedumangad to Family Court, Thiruvananthapuram. That is a petition filed by the Respondent-husband seeking custody of children. It is stated that another petition filed by the Respondent seeking restitution of conjugal rights has already been transferred as per order dated June 10, 2011 (by Annexure-A1, order). It is stated that Petitioner, aged about 28 years is residing at Attingal. Respondent aged 42 years is a resident of Talikuzhi in Pulimath Village. No. doubt transfer of the case from Family Court, Nedumangad to Family Court, Thiruvananthapuram may cause some inconvenience to 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 stated 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 O.P. No. 62 of 2011 filed by Respondent has already been transferred from Family Court Nedumangad to Family Court Thiruvananthapuram. Having regard to the circumstances stated I am inclined to think that the hardship is comparatively more on Petitioner in case request for transfer is not allowed. The inconvenience that may be caused to the Respondent can be reduced by permitting him to appear in the transferee court through counsel except when his physical presence is required. Hence I am inclined to allow the petition.

Resultantly, the Petition is allowed in the following lines:

(a) O.P(G&W) No. 431 of 2011 pending in Family Court, Nedumangad is withdrawn from that court and made over to Family Court, Thiruvananthapuram for trial and disposal. The said case and O.P. No. 62 of 2011 (transferred from Family Court, Nedumangad) shall as far as possible be posted on the same dates.

(b) 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.

(c) It is made clear that except when physical presence of Respondent in the transferee court is necessary, he can appear through counsel.

All pending interlocutory applications will stand dismissed.