Sheena R.B vs Clement on 13 February, 2013

[Cites 1, Cited by 1]

Kerala High Court

Sheena R.B vs Clement on 13 February, 2013

Bench: Thomas P.Joseph

       

  

  

 
 
                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT:

               THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH

        WEDNESDAY, THE 13TH DAY OF FEBRUARY 2013/24TH MAGHA 1934

                       Tr.P(C).No. 13 of 2013 ()
                       -------------------------
     AGAINST THE ORDER/JUDGMENT IN OPDIV.1331/2012 of FAMILY COURT,
                              THIRUVALLA


     PETITIONER(S):
     --------------
       SHEENA R.B
       D/O.BRUNO, ROSE BHAVAN, KANJIRACODE
       KUNDARA KOLLAM.

       BY ADVS.SRI.K.SHAJ
                        SRI.SAJJU.S

     RESPONDENT(S):
     --------------

       CLEMENT
       S/O.EDWARD
       RESIDING AT VALLUVIAL HOUSE KOTTARAKKARA VILLAGE
       KOTTARAKKARA TALUK
       KOLLAM PRESENTLY RESIDING AT HOUSE NO.E3
       GENERATION DIVISION, MOOZHIYAR, CHITTAR
       SEETHATHODE, RANNY TALUK, PATHANAMTHITTA.


       THIS TRANSFER PETITION (CIVIL)  HAVING BEEN FINALLY HEARD  ON
13-02-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Tr.P(C).No. 13 of 2013 ()




                               APPENDIX


PETITIONER'S EXHIBITS:

     ANNEXURE A1 :     COPY OF O.P.1331/2006 FILED BY THE respondent
                       HEREIN BEFORE THE FAMILY COURT, THIRUVALLA

     ANNEXURE A2 :     COPY OF THE M.C.NO.273/2012 FILED BEFORE THE
                       FAMILY COURT, KOLLAM



RESPONDENT'S EXHIBITS: NIL



                                                             True Copy


                                                           P.A to Judge



                  THOMAS P.JOSEPH, J.
         =========================
                    T.P(C).No.13 of 2013
        ============================
         Dated this the 13th day of February, 2013

                           O R D E R

Respondent is served through counsel but there is no response.

2. This petition is filed by the wife for transfer of O.P.No.1331 of from Family Court, Thiruvalla to the Family Court, Kollam. That is a petition filed by the respondent/husband for divorce.

3. Petitioner has filed M.C.No.273 of 2012 in the Family Court, Kollam claiming maintenance from the respondent.

4. As allegation show petitioner, aged about 38 years is residing at Kanjiracode, near Kundara in Kollam district. She has to travel a long distance to contest the case. The Supreme Court in Sumitha Singh v. Kumar Sanjay and another (AIR 2002 SC 396) and Arti Rani v. Dharmendra Kumar Gupta ([2008] 9 SCC 353) has held that while considering request for transfer of matrimonial proceedings, convenience of the wife has to be looked into. That of course does not mean that inconvenience of the husband has to be ignored.

T.P(C).No.13 of 2013 2

5. Having regard to the various factors I am of the view that hardship is comparatively more on petitioner in case request for transfer is not allowed. Hence I am inclined to allow the petition.

Resultantly, this petition is allowed as under:-

1. O.P.No. 1331 of 2012 is withdrawn from the Family Court, Thiruvalla and transferred to the Family Court, Kollam.

2. The transferor court shall transmit records of the case to the transferee court with notice to the parties as to the date of appearance in the transferee court.

3. The transferee court is directed to post all the cases between the parties on the same dates as far as possible.

4. It is made clear that respondent can appear in the transferee court through counsel except when his physical presence is required.

Sd/-

THOMAS P. JOSEPH, JUDGE Sbna True Copy P.A to Judge

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