Kerala High Court
Kavitha vs Manoj G.Kurup on 21 January, 2010
Author: S.S.Satheesachandran
Bench: S.S.Satheesachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(C).No. 190 of 2009()
1. KAVITHA, AGED 32 YEARS, D/O.SUNDARAM,
... Petitioner
Vs
1. MANOJ G.KURUP, AGED 41 YEARS,
... Respondent
For Petitioner :SRI.M.T.BALAN
For Respondent :SRI.MATHEW JAMES
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :21/01/2010
O R D E R
S.S.SATHEESACHANDRAN, J.
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Tr.P.(C).NO.190 OF 2009 ()
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Dated this the 21st day of January, 2010
O R D E R
Petition for transfer is filed under Section 24 of the Code of Civil Procedure. Petitioner is the wife and the respondent, the husband. Matrimonial disputes between the spouses have given rise to three proceedings, two at the instance of the wife and one by the husband in two different Family Courts. Wife has filed two petitions O.P.No.869 of 2009 and M.C.No.175 of 2009, the former for restitution of the conjugal rights and the latter, to claim maintenance for herself and the child born out of the wedlock, both before the Family Court, Ernakulam. Husband has filed O.P.No.83 of 2009 seeking a decree of divorce before the Family Court, Alappuzha. Wife seeks the transfer of the petition filed by the husband O.P.No.83 of 2009 from the Family court, Alappuzha to the Family Court, Ernakulam.
TPC.190/09 2
2. Notice given, the husband has entered appearance through counsel. Parties were directed to the Mediation Centre to examine whether there is any chance of settlement. But the mediation efforts, it is reported, have failed. I heard the counsel on both sides. From the submissions made, it is noticed that the only child born out of the wedlock, a boy, aged ten years, is under the care and custody of the mother and is attending a school in Ernakulam. Already that child is deprived of the love, care and affection of his father in view of the differences of opinion and conflicts between his parents. If the wife, mother of the child, is compelled to go over to a Family Court situate at a far off place to defend the case launched against her by the husband/father, no doubt, she has either to take the child with her or leave him under the care of some other person. Whatever be the course followed, that will have a disastrous effect affecting the wellbeing of the child, both physically and mentally. The interest of the child should also require to be considered in the matter of transfer in matrimonial proceedings. That also being taken into account, I find the request of the wife for transfer of the petition filed TPC.190/09 3 by the husband, which is pending as O.P.No.83 of 2009 on the file of the Family Court, Alappuzha to the Family Court, Ernakulam deserve sympathetic consideration. Further more, trial of all the three cases by the same Family Court will be advantageous to the parties as the feasibility of joint trial of two or more cases subject to the restrictions imposed by law can also be considered by that court. A joint trial or separate trial of the three cases by the same court will rule out the possibilities of conflicting decisions in these proceedings. Taking into account all those aspects, I order for transfer of O.P.No.83 of 2009 on the file of the Family Court, Alappuzha to the Family court Ernakulam. The Judge, Family Court, Alappuzha shall transmit the records of O.P.No.83 of 2009 without delay. The transferee court, on receipt of the records, shall give notice to the parties for appearance.
It is submitted that both the spouses are deaf and dump persons, and that the husband is employed at Alappuzha in the Kerala Water Transport Department. So much so, if any application is moved by the husband seeking personal TPC.190/09 4 exemption from appearance, the court shall consider it and pass appropriate orders so that he need be present only when his presence is inevitable for a fair trial of the cases. Subject to the above observations, the transfer petition is disposed.
S.S.SATHEESACHANDRAN JUDGE prp