PRATHYUSHA A.P. Vs. ARUN KUMAR

JUDGEMENT

(1.) The wife, husband and his parents are before this Court seeking transfer of proceedings filed against each other before the Family Courts at Thrissur and Tirur. The wife is the petitioner in Tr.P.(C) No.239/2020, seeking to transfer O.P.No.2605/2019 (Annexure A1), filed by the husband from the Family Court, Thrissur to the Family Court, Tirur. The husband and his parents have filed Tr.P. (C)No.283/2020, seeking to transfer O.P.No.251/2020 (Annexure A2) and M.C.No.125/2020 filed by the wife, from the Family Court, Tirur to the Family Court, Thrissur. As the parties are common and the Transfer Petitions are filed seeking transfer of proceedings filed against each other, the Transfer Petitions are being disposed of by this common order. Tr.P.(C)No.239/2020 is treated as the leading case. The facts and the parties are referred to as mentioned in Tr.P.(C)No.239/2020, unless otherwise specifically mentioned.

(2.) The case of the petitioner in Tr.P. (C)No.239/2020, in brief, is that, she is the estranged wife of the respondent. The respondent has filed O.P.No.2605/2019 (Annexure A1) before the Family Court, Thrissur, seeking a decree for restitution of conjugal rights. The petitioner has filed O.P.No.251/2020(Annexure A2), seeking a decree for return of gold ornaments and past maintenance and M.C.No.125/2020 (Annexure A3), under Section 125 (1) of the Code of Criminal Procedure, seeking an order of maintenance, both before the Family Court, Tirur. The distance from the house of the petitioner to the Family Court, Tirur, is only 1.5 Kms. Whereas, the distance from her residence to the Family Court, Thrissur is more than 60 Kms. It is extremely difficult for the petitioner to travel from her residence to the Family Court, Thrissur, as there is no person to chaperon her. Her parents are aged and infirm. She has no avocation or means to meet the travelling expense. Being a lady, it would cause severe inconvenience to her to travel all the way to Thrissur. Hence, she has prayed that Annexure A1 proceedings may be transferred from Family Court, Thrissur to Family Court, Tirur.

(3.) The respondent along with his parents have filed Tr.P.(C) No.283/2020, seeking to transfer Annexure A2 and A3 proceedings from the Family Court, Tirur to the Family Court, Thrissur. It is the case of the respondent and his parents that the parents are old and suffering from various ailments. They require constant medical treatment and attention. The respondent is employed as a Branch Manager in a private firm at Thrissur. It is difficult for him to get leave and travel to Tirur, to contest Annexure A1 proceedings. Similarly, if the respondent's parents have to travel to the Family Court, Tirur, it would cause hardship and inconvenience to them. Hence, Annexure A2 and A3 proceedings may be transferred from the Family Court, Tirur to the Family Court, Thrissur.