Sathyapriya v. Vinod Kumar

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **THURSDAY, THE 15TH DAY OF FEBRUARY 2018 / 26TH MAGHA, 1939** **Tr.P(C).No. 37 of 2018** **---------------------OP 894/2014 of FAMILY COURT, ATTINGAL TO FAMILY COURT, PALAKKAD** **------** **PETITIONER** **SATHYAPRIYA,AGED 39 YEARS, W/O. VINOD KUMAR, SREESAKTHY, THIRUNELLAYI P.O., PALAKKAD-678004.** **BY ADVS.SRI.A.T.ANIL KUMAR SRI.SHYLAJA** **RESPONDENT : ----------** **VINODKUMAR,AGED 43 YEARS, S/O.DEVAKUMARI AMMA, NAMBRATHUVEEDU, MALESAMANGALAM P.O., THIRUVILWAMALA, THRISSUR,PIN-680588.** **THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-02-2018 ALONG WITH TPC NO. 39/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **bp 02/03/2018** **Tr.P(C).No. 37 of 2018** ## **-----------------** ## **APPENDIX** |**PETITIONER'S EXHIBITS :**|**PETITIONER'S EXHIBITS :**|| |---|---|---| |**---------------------**||| |**P1:**|**COPY OF THE PETITION**|**IN O P NO. 894/14 BEFORE THE FAMILY**| ||**COURT, ATTINGAL**|| |**P2:**|**COPY OF THE PETITION**|**IN OP NO. 294/2017 BEFORE THE FAMILY**| ||**COURT, PALAKKAD.**|| |**P3:**|**COPY OF THE PETITION**|**IN MC NO. 38/2017 BEFORE THE FAMILY COURT**| ||**PALAKKAD**|| |**RESPONDENT'S EXHIBITS :**||**NIL.**| **//TRUE COPY//** **P.A. TO JUDGE** **bp** ## **ALEXANDER THOMAS, J.** ---------------------------------------- ## Tr.P.(C) Nos.37 & 39 of 2018 ----------------------------------------Dated this the 15[th] day of February, 2018 ## _**O R D E R**_ The prayer in Transfer Petition No.37 of 2018 is as follows : _“..........this Hon'ble Court may be pleased to transfer O.P.No.894/14 pending before the Family Court, Attingal to Family Court, Palakkad, for having trial with Exhibit P2 and P3 cases pending there, in the interest of justice.”_ ## The prayer in Transfer Petition No.39 of 2018 is as follows : _“.......this Hon'ble Court may be pleased to transfer O.P.No.1428/2017 pending before the Family Court, Thrissur, to Family Court, Palakkad, for having trial with Exhibit-P2 and P3 cases pending there, in the interest of justice.”_ 2. Heard Sri.A.T.Anil Kumar, learned counsel appearing for the petitioner. Though notice has been duly served on the respondent in these two cases, the said party has not entered appearance. 3. The petitioner herein is the wife of the respondent herein. Differences of opinion have led to matrimonial disputes between the parties which in turn has led to litigative proceedings between the parties. The respondent-husband has filed O.P.No.894 of 2014 (referred to in Exhibit-P1 in Tr.P.C.No.37 of 2018) before the Family Court, Attingal, seeking divorce. The respondent-husband has also filed O.P.No.1428 of 2017 (referred to in Exhibit-P1 in Tr.P.C.No.39 of 2018) before the Family Court, Thrissur, seeking cancellation of a document. : **:2::** Tr.P.(C) Nos.37 & 39/18 The petitioner- wife has filed O.P.No.294 of 2017 (referred to in ExhibitP2 in both the Transfer Petitions) before the Family Court, Palakkad, seeking recovery of gold ornaments and money. The petitioner-wife has also filed M.C.No.38 of 2017 before the Family Court, Palakkad, seeking maintenance. The petitioner-wife would contend that she is now residing at Thirunellayi in Palakkad District, along with her parents and that she finds it extremely difficult to travel all the way from her residential place at Thirunellayi, Palakkad District to attend to the litigative proceedings before the Family Court, Attingal, as well as to the Family Court, Thrissur. 4. 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 caused to the wife should be given special consideration by the courts. 5. Now it has come on record that out of the 4 litigative proceedings between the spouses, two are before the Family Court, Palakkad, one is before the Family Court, Attingal, and the fourth one is before the Family Court, Thrissur. It is only in the interest of both : **:3::** Tr.P.(C) Nos.37 & 39/18 sides that all the litigative proceedings between the spouses are conducted before the same Family Court, as otherwise it creates unnecessary hardships and confusions to the parties in properly managing the litigative proceedings. In the light of these aspects, more particularly in the light of the legal principles settled by the Apex Court, this Court is inclined to consider the plea for transfer made in these cases. 6. Accordingly, it is ordered that O.P.No.894 of 2014 now on the file of the Family Court, Attingal, will stand transferred to the Family Court, Palakkad. It is also ordered that O.P.No.1428 of 2017 now on the file of the Family Court, Thrissur, will stand transferred to the Family Court, Palakkad. The petitioner will produce certified copies of this order before the Family Court, Thrissur, and before the Family Court, Attingal. Upon receipt of the case papers, the Family Court, Attingal, will take necessary steps to transmit the entire case papers in relation O.P.No.894 of 2014 before the Family Court, Palakkad, so also on receipt of the case papers, the Family Court, Thrissur, will take steps to transmit the entire case papers in relation to O.P.No.1428 of 2017 to the Family Court, Palakkad. Upon receipt of the case papers, the Family Court, Palakkad, will issue notices to both sides and then proceed with the matter in accordance with law. 7. In order to alleviate the difficulties of the parties for : **:4::** Tr.P.(C) Nos.37 & 39/18 personally attending before the Family Court, it is ordered in the interest of justice that it will be open to both the 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 their respective 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., as and when specifically so directed by the Family Court. With these observations and directions, these Transfer Petitions (Civil) will stand finally disposed of. **ALEXANDER THOMAS JUDGE** csl : **:5::** Tr.P.(C) Nos.37 & 39/18 ## **ALEXANDER THOMAS, J.** ---------------------------------------------------------- Tr.P.(C).Nos.37 & 39 of 2018 and I.A.No.129 of 2018 in Tr.P.(C) No.37 of 2018 & I.A.No.136 of 2018 in Tr.P.(C) No.39 of 2018 ----------------------------------------------------------- Dated this the 17[th] day of January, 2018 ## _**O R D E R**_ Admit these Transfer Petitions (Civil). 2. Issue notice to the respondent in these two cases by speed post, returnable within two weeks. The petitioner will also serve notice on the respondent in these two matters through the Advocates appearing for that party before the court below concerned and file memo showing service of notice in that regard. 3. Pending consideration of these Transfer Petitions (Civil), it is ordered in the interest of justice that all further proceedings in O.P. (HMA) No.894 of 2014 on the file of the Family Court, Attingal, and O.P.No.1428 of 2017 on the file of the Family Court, Thrissur, will remain stayed. This interlocutory order will be in force for a period of one month. List these matters on 15.2.2018 for disposal in the admission list. **ALEXANDER THOMAS JUDGE** csl Tr.P.(C) Nos.37 & 39/18 : **:6::** Hand over copy