GAYATHRY CHANDRAN Vs. VINU M.

JUDGEMENT

(1.) Both the husband and wife seek transfer of proceedings, filed against each other, from one court to another. The wife has filed Tr.P (C) No.286/2020 seeking to transfer O.P. 113/2020 (Annexure A1),O.P. No.210/2020 (Annexure-A2) and O.P. No.341/2020 (Annexure-A3) pending before the Family Court, Ettumannur to the Family Court, Thiruvananthapuram, where she has filed M.C No.31/2020 before the Court of the Additional Chief Judicial Magistrate, Thiruvananthapuram and MC 120/2020 before the Family Court, Thiruvananthapuram. The husband on the other hand has filed Transfer Petitions (Crl) 42/2020 seeking transfer of M.C 120/2020 from the Family Court, Thiruvananthapuram to the Family Court, Ettumannur at Kottayam. As the parties are the same and the transfer petitions are filed seeking transfer of proceedings filed as against each other, I dispose of the transfer petitions by this common order. The parties are for the sake of convenience, referred to as per their status in Tr.P. ((THELAW)) No. 286/2020, which is treated as the leading case, unless otherwise specifically mentioned.

(2.) The learned counsel appearing for the wife had contended that the petitioner has not received notice in Tr.P (Crl)/2020. Accordingly, the learned counsel for the respondent was directed to serve a copy of the memorandum of transfer petition. Hence, I dispense with further ordering of notice to the petitioner.

(3.) The case of the petitioner in Tr.P ((THELAW)) No.286/2020, in brief, is that, the respondent has filed Annexures A1, A2 and A3 against the petitioner before the Family Court, Ettumannur, seeking a declaratory decree, a decree of injunction and decree of divorce, respectively. The petitioner has instituted M.C 31/2020 under the provisions of the Protection of Woman from Domestic Violence Act and MC 120/2020 seeking an order of maintenance under Section 125 of Cr.P.C. The Family Court, Ettumannur is nearly 120 kms on one side from Thiruvananthapuram. It would cause severe inconvenience to the petitioner to travel all the way from Thruvananthapuram to Ettumannur, to contest the proceedings before the Family Court, Ettumannur. In view of the settled law, it is only just and proper that the convenience of the petitioner be looked into and Annexures A1 to A3 be transferred from the Family Court, Ettumannur to the Family Court, Thiruvananthapuram.