SANDHYA Vs. P RAJ MOHAN NAIR

JUDGEMENT

(1.) These petitions are for transfer of O.P.Nos.191 of 2010 and 123 of 2010 of Family Court, Kasaragod to Family Court, Kannur. Petitioner/wife is a resident of Vadakara, in Kozhikode Distric while respondent/husband belongs to Kasaragod. O.P.Nos.191 of 2010 and 123 of 2010 are filed by the respondent for custody of children and restitution of conjugal rights. Petitioner/wife has filed O.P.No.447 of 2010 and M.C.No.227 of 2010 in Family Court, Kannur for divorce and seeking maintenance for herself and children. It is stated that petitioner has to travel a long distance from her place of residence to Kasaragod to contest cases pending in Family Court, Kasaragod. It is also stated that since two cases are pending in Family Court, Kannur it is necessary that all the cases are consolidated in the same court and tried and disposed of together. Learned counsel requested that in the circumstances O.P.Nos.191 of 2010 and 123 of 2010 may be transferred to Family Court, Kannur.

(2.) 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. True that does not mean that inconvenience if any of the husband need not be considered.

(3.) It is not disputed that two cases filed by petitioner/wife are pending in Family Court, Kannur. Respondent has not so far sought transfer of those cases to Family Court, Kasaragod for any reason whatsoever. Petitioner/wife is staying at Vatakara, in Kozhikode District and if the cases continued at Family Court, Kasaragod, she has to travel a long distance. She may have to be accompanied by some relatives which involves huge expenses. Moreover two cases are pending in Family Court, Kannur. It is necessary that all the cases are consolidated in the same court for a proper decision of the case. Considering the hardship of petitioner I am inclined to allow these petitions. Resultantly these petitions are allowed in the following lines: