Sophia Saji vs Saji Joseph

Thomas P. Joseph, J.—Respondent is served on this petition but there is no response.

This petition is for transfer of O.P. No. 665 of 2010 from Family Court, Ettumanoor to Family Court, Thrissur. It is stated that petitioner, aged about 36 years is a resident of Anjoor Village in Thrissur District. She has filed M.C. No. 318 of 2010 and O.P. No. 1027 of 2010 in the Family Court, Thrissur against respondent. It is stated that petitioner has a child aged 2 years and her aged mother has to accompany her to Family Court, Ettumanoor. She finds it difficult to travel the long distance.

The Supreme Court in Sumita Singh Vs. Kumar Sanjay and Another, and Arti Rani @ Pinki Devi and Another Vs. Dharmendra Kumar Gupta, stated that while considering request for transfer in matrimonial proceedings convenience of the wife has to be looked into. It is not disputed that two proceedings initiated by petitioner are pending in the Family Court, Thrissur. Petitioner has to travel long distance to reach Family Court at Ettumanoor. Some of her relatives has to accompany her. It involves expense. In the circumstance I consider it appropriate that the case pending in Family Court, Ettumanoor is withdrawn from that court and made over to Family Court, Thrissur.

Resultantly this petition is allowed in the following lines:

(i) O.P. No. 665 of 2010 pending in Family Court, Ettumanoor is withdrawn from that court and made over to Family Court, Thrissur for trial and disposal.

(ii) It is made clear that it is open to the respondent to appear through counsel except when her physical presence is necessary.

(iii) Transferee court shall ensure that all the cases are posted as far as possible on the same date.

(iv) Tansferor court shall transmit records of the case to the transferee court with due intimation to counsel on both sides as to date of appearance in the transferee court.