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2018 DIGILAW 138 (KER)

Sunitha v. Sebastian Thomas

2018-02-09

ALEXANDER THOMAS

body2018
ORDER : Alexander Thomas, J. 1. The prayer in this Transfer Petition (Civil) is as follows: “... to transfer O.P.No.254/2016 from the files of Family Court, Kattappana to the files of Family Court, Palakkad, to meet the ends of justice.” 2. Heard Smt.V.H.Jasmine, learned counsel appearing for the petitioner (wife) and Smt.B.Ragunathan, learned counsel appearing for the respondent (husband). 3. It is stated that the petitioner herein is the wife of the respondent herein and that the petitioner (wife) is presently residing at Vada Madurai in Coimbatore. Differences of opinion between the parties have led to matrimonial disputes. It is stated that the respondent (husband) has filed O.P.No.254/2016 before the Family Court, Kattappana, praying for appointing the respondent (husband) as guardian of their minor daughter. It is further stated that serious difficulties will be caused to the petitioner, if she is required to travel all the way from Coimbatore to Kattapana in Idukki district, to attend the Family Court proceedings at Kattappana, in connection with the abovesaid Original Petition filed by the respondent (husband). It is in the above circumstances that the petitioner has filed the instant Transfer Petition (Civil) with the aforementioned prayer. 4. The prayer for transfer is seriously opposed by the respondent (husband) pointing out that he will also have travelling difficulties, if the Original Petition filed by him before the Family Court at Kattappana is transferred to Family Court at Palakkad. 5. 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. 6. Taking into account the facts and circumstances disclosed in this petition, this Court is inclined to consider the plea for transfer of O.P.No.254/2016 pending on the file of the Family Court, Kattappana, to the Family Court at Palakkad. Accordingly, it is ordered that O.P.No. 254/2016 pending on the file of the Family Court, Kattappana, will stand transferred to the file of the Family Court at Palakkad. Accordingly, it is ordered that O.P.No. 254/2016 pending on the file of the Family Court, Kattappana, will stand transferred to the file of the Family Court at Palakkad. The petitioner will produce a certified copy of this order before the Family Court, Kattappana, without further delay. Upon receipt of the copy of the order, the Family Court, Kattappana, will take steps to ensure that the case papers and case records in relation to O.P.No.254/2016 pending on the file of that court are transmitted to the Family Court at Palakkad. After receiving the case papers and case records in relation to O.P.No.254/2016, the Family Court at Palakkad, will issue notices to both parties and proceed further with the matter, in accordance with law. 7. 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 afore captioned Transfer Petition (Civil) stands finally disposed of.