Research › Search › Judgment

Kerala High Court · body

2018 DIGILAW 217 (KER)

Vidya Venugopal v. Nitin Chandran

2018-03-05

ALEXANDER THOMAS

body2018
ORDER : Alexander Thomas, J. 1. The prayer in this Transfer Petition (Civil) is as follows: ".................to transfer O.P. No. 331/2015 on the file of the Family Court, Kozhikode, to the file of the Family Court, Vadakara." Heard Mr. Srinath Girish, learned Counsel appearing for the petitioner (wife) and Mr. V.T.K. Mohanan, learned Counsel for the respondent (husband). 2. It is stated that the petitioner and the respondent are wife and husband respectively. Differences of opinion between the spouses have led to matrimonial disputes, which in turn have led to litigative proceedings between the parties. It is stated that the respondent (husband) has filed O.P. No. 331/2015 before the Family Court, Kozhikode, seeking divorce. The petitioner (wife) has also instituted proceedings under the Domestic Violence Act before the Judicial First Class Magistrate Court, Vadakara, against the respondent (husband). It is stated that the petitioner is residing along with the respondent in the same house at Vadakara and she does not have any income of her own and is dependent on her father. She finds it difficult to travel from Vadakara to Kozhikode to attend the litigative proceedings there. It is in the above circumstances that the petitioner has filed the instant Transfer Petition (Civil) with the aforementioned prayer. 3. Mr. V.T.K. Mohanan, learned Counsel for the respondent (husband) has opposed the prayer stating that he will be put to great hardship and difficulty if the prayer for transfer is allowed. 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 to wife should be given special consideration by the Courts, etc. 5. 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. 331/2015. The travelling difficulties expressed by the Counsel for the respondent could be alleviated by issuing appropriate direction in the matter of grant of personal exemption. 5. 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. 331/2015. The travelling difficulties expressed by the Counsel for the respondent could be alleviated by issuing appropriate direction in the matter of grant of personal exemption. Accordingly, it is ordered that O.P. No. 331/2015 pending on the file of the Family Court, Kozhikode, will stand transferred to the file of the Family Court, Vadakara. The petitioner will produce a certified copy of this order before the Family Court, Kozhikode, without any further delay. Upon receipt of the copy of the order, the Family Court, Kozhikode, will take steps to ensure that the case papers and case records in relation to O.P. No. 331/2015 pending on the file of that Court are transmitted to the Family Court, Vadakara. After receiving the case papers and case records in relation to O.P. No. 331/2015, the Family Court, Vadakara, will issue notice to both parties and proceed further with the matter, in accordance with law. In order to alleviate the difficulties expressed by both parties, 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.