JIJUSON Vs. SIMI MATHEW

JUDGEMENT

(1.) THIS petition is filed by the husband seeking tranfer of O.P.No.610 of 2010 from Family Court, Malappuram to Family Court, Kollam or any other court. That is a petition filed by respondent/wife seeking divorce. Petitioner is a resident of Kundara, in Kollam District. But he is working in gulf country and is represented by his brother as power of attorney holder. There is already a case registered against petitioner and his power of attorney holder and others under Section 498A read with Section 34 of the Indian Penal Code which is pending in the court of learned Judicial First Class Magistrate, Nilambur. Apprehension of petitioner is that emboldened by the assistance of a senior police officer, respondent and her men are physically preventing the power of attorney holder of petitioner from attending Family Court, Malappuram and it had once happened with respect to the power of attorney holder. On 22.09.2010, it is alleged, power of attorney holder was threatened from appearing in court to defend O.P.No.610 of 2010. In the circumstances it is prayed that the case may be transferred to out of Malappuram if possible to Kollam or to any other District.

(2.) TRUE, there are certain allegations of threat pleaded by petitioner. But, if any such threat is offered to the petitioner or his power of attorney holder it was a matter which petitioner or his power of attorney holder could have brought to the notice of Family Court concerned. If a police officer is behind the respondent/wife and her men in their illegal act, it is not as if petitioner had no remedy against that police officer. Petitioner could have preferred a complaint against that police officer to his superior officer. Nothing in that line happened in this 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 stated that while considering request for transfer of matrimonial proceedings convenience of the wife has to be looked into. Respondent/wife is a resident of Nilambur, in Malappuram District. Nilambur is towards the north-eastern part of Malappuram District. If the case is transferred to Family Court, Kollam or to any Family Court in any other District, be it the adjacent District of Kozhikode, it will cause much inconvenience and hardship to the respondent/wife in that she has to travel a long distance by road. Having regard to the facts and circumstances of the case I am not persuaded to think that the request for transfer is to be entertained. Petition is dismissed.