Anitha Sam vs P.M. Philipose

K.T. Sankaran, J.—The Appellant filed Tr.P. (Civil) No. 49 of 2010 seeking to transfer O.P.(Div.) No. 1065 of 2009 from the Family Court, Malappuram to the Family Court, Thiruvalla. The prayer was opposed by the Respondent. The learned single Judge disposed of the Transfer Petition as per the order dated 7th June, 2010, partly allowing the Transfer Petition. O.P.(Div.) No. 1065 of 2009 was transferred from the Family Court, Malappuram to the Family Court, Ernakulam for trial. The learned single Judge held that if the case is transferred from the Family Court, Malappuram to the Family Court, Thiruvalla, that would cause hardship to the Respondent. Taking into account the relevant facts, the learned single Judge held that it would be sufficient to transfer the case from the Family Court, Malappuram to the Family Court, Ernakulam in order to suit the convenience of both the parties.

The impugned order was passed on 7.6.2010. It is stated that the Appellant thereafter appeared before the Family Court, Ernakulam. At this juncture, the Transfer Appeal is filed by the Appellant stating that on appearance before the Family Court, Ernakulam, she found it difficult to continue to appear there in view of the distance from her place of residence to the Family Court, Ernakulam.

We do not find any ground to interfere with the well considered order passed by the learned single Judge. All the relevant facts were taken note of and the order was passed by the learned single Judge on 7.6.2010, taking into account the interests of both the parties. At this distance of time, particularly after the parties appeared before the Family Court, Ernakulam, we are of the view that we would not be justified in entertaining this Transfer Appeal.

The learned Counsel for the Appellant submitted that a direction may be issued to the Family Court, Ernakulam not to insist on the personal appearance of the Appellant on all the posting dates. We make it clear that the Family Court, Ernakulam need not insist on the personal appearance of the Appellant except on those occasions where her presence is absolutely essential.

With the above observations, the Transfer Appeal is dismissed.