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Judgment
The main prayer in this Transfer Petition (Civil) is as follows:
to allow this petition, by transferring the O.P(G&W) 620/2016 pending on the file of the Family Court, Thiruvananthapuram to Family Court,
Ernakulam or to any other nearest court in which the petitioner residing.
Heard Sri.Siju P.Kuriakose, learned counsel appearing for the petitioner (wife) and Smt.K.Kusumam, learned counsel appearing for the
respondent (husband).
It is stated that the petitioner is presently residing at Aluva in Ernakulam district. Differences of opinion between the parties have led to
matrimonial disputes. It is stated that the respondent (husband) has filed O.P.(G&W) No.620/2016 before the Family Court, Thiruvananthapuram,
seeking declaration of guardianship and for permanent custody of the minor child. It is further stated that serious difficulties will be caused to the
petitioner, if she is required to attend the Family Court at Thiruvananthapuram, in connection with the abovesaid Original Petition. It is in the above circumstances that the petitioner has filed the instant Transfer Petition (Civil) with the aforementioned prayer. The prayer for transfer is seriously opposed by the counsel for the respondent (husband).
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.
Taking into account the facts and circumstances disclosed in this petition, this Court is inclined to consider the plea for transfer of O.P.(G&W)
No.620/2016 pending on the file of the Family Court, Thiruvananthapuram, to the Family Court at Ernakulam. Accordingly, it is ordered that O.P.
(G&W) No. 620/2016 pending on the file of the Family Court, Thiruvananthapuram, will stand transferred to the file of the Family Court at
Ernakulam. The petitioner will produce a certified copy of this order before the Family Court, Thiruvananthapuram without further delay. Upon receipt of the copy of the order, the Family Court, Thiruvananthapuram, will take steps to ensure that the case papers and case records in relation to O.P.(G&W) No. 620/2016 pending on the file of that court are transmitted to the Family Court at Ernakulam. After receiving the case papers and case records in relation to O.P.(G&W) No. 620/2016, the Family Court at Ernakulam, will issue notices to both parties and proceed further with the matter, in accordance with law.
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 aforecaptioned Transfer Petition (Civil) stands finally disposed of.