TANIYA vs ROJIMON

The main prayer in this Transfer Petition (Civil) is as follows:

Transfer the O.P(C).No.162/2016 of Family Court, Pala to Family Court, Thodupuzha.

Heard Sri.M.V.Rajendran Nair, learned counsel appearing for the petitioner (wife) and Sri.P.Sanjay, learned counsel appearing for the

respondent (husband).

It is stated that the petitioner is presently residing at Thodupuzha in Idukki district. Differences of opinion between the parties have led to

matrimonial disputes. It is stated that the respondent (husband) has filed O.P.No. 162/2017 before the Family Court, Pala, for divorce. It is further

stated that serious difficulties will be caused to the petitioner, if she is required to travel all the way from Thodupuzha in Idukki district to Pala in

Kottayam district for personal appearance before the Family Court at Pala. It is in the above circumstances that the petitioner has filed the instant

Transfer Petition (Civil) with the aforementioned prayer. The prayer for transfer is opposed by the counsel for the respondent (husband).

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.

Taking into account the facts and circumstances disclosed in this petition, this Court is inclined to consider the plea for transfer of O.P.162/2017

pending on the file of the Family Court, Pala to the Family Court at Thodupuzha. Accordingly, it is ordered that O.P.No. 162/2017 pending on the

file of the Family Court, Pala, will stand transferred to the file of the Family Court at Thodupuzha. The petitioner will produce a certified copy of

this order before the Family Court, Pala without further delay. Upon receipt of the copy of the order, the Family Court, Pala will take steps to

ensure that the case papers and case records in relation to O.P.162/2017 pending on the file of that court are transmitted to the Family Court at

Thodupuzha. After receiving the case papers and case records in relation to O.P.162/2017, the Family Court at Thodupuzha, will issue notices to

both parties and proceed further with the matter, in accordance with law.

In order to alleviate the difficulties of the parties for personally attending before the Family Court, 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, provided the parties are represented through Advocates. 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., and as and when specifically so directed by the

Family Court. With these observations and directions, the aforecaptioned Transfer Petition (Civil) stands finally disposed of.