These are two petitions filed under Section 24 of the Code of Civil Procedure to have O.P.407 of 2013, a petition for restitution of conjugal rights filed by the respondent, and O.P.1055 of 2013, a petition to set aside a sale deed, pending before the Family Court, Kottarakkara, transferred to Family Court, Attingal where proceedings initiated by the petitioner herein are already pending.
2. Shorn off unnecessary details, suffice to say, the marital relationship between the petitioner and the respondent went into doldrums and as usual litigations began. Both did not lag behind in instituting proceedings before different family courts. Petitioner approached Family Court, Attingal in respect of two matters and the respondent approached Family Curt, Kottarakkara in respect of two matters.
3. The petitioner points out that she finds it extremely difficult to go over to Kottarakkara to attend the cases every now and then and she is not financially very sound and there is nobody to accompany her. It is pointed out that since two petitions filed by her are pending before the Family Court, Attingal and since it so happens that the issues arising in all the cases may have bearing on each other, it is proposed that it is only just and proper to have the matters decided by the same court. On this ground, it is prayed that the two petitions pending before the Family Court Kottarakkara may be transferred to Family Court, Attingal.
4. These petitions are very strongly opposed by the respondent who points out that the petitioner visits Kottarakkara every day for attending tailoring class and there is no special inconvenience for the petitioner to attend the court also. Further, the respondent has pointed out that he apprehends danger at the hands of the persons supporting the petitioner, one among them being Raju, the driver of a police officer. It is further stated that the petitioner is closely related to several police officers and that he apprehends danger in attending family court at Attingal. In support of his apprehension he points out that there is already an attack on him and he relies on Ext.R1 in Tr.P.(C) No. 618 of 2013. He therefore points out that he is apprehensive of going over to Family Court, Attingal.
5. The fact remains that two petitions initiated by the wife are already pending before the Family Court, Attingal. The proceedings instituted by the husband are for restitution of conjugal rights and the other for setting aside a sale deed. It cannot be disputed that the matters are so interlinked as the decision in one case may have a bearing on the other. It is therefore only just and proper as pointed out by the petitioner to have all the matters heard and decided by the same court.
6. In the light of the apprehension expressed by the respondent about danger to his life, it is necessary to consider whether transfer can be made. It is true that the respondent has produced Ext.R1 in support of his contention that he is likely to be attacked by the persons supporting the petitioner at the behest of the police officers with whom the petitioner is closely related.
7. If as a matter of fact Family Court, Attingal is seizin of all the matters, this court does not feel that if the respondent approaches the court and complains about the threats faced by him, the court is not powerless to deal with the same.
8. The apprehension expressed by the respondent can be very well taken care of by directing the Family court, Attingal to look into the matter when such complaints are filed by the respondent regarding the threat to his life on being satisfied with the contents of the complaint.
For the above reasons, these petitions are allowed and O.P. (HMA) 407 of 2013 and O.P. 1055 of 2013 pending before the Family Court, Kottarakkara shall stand transferred to Family Court, Attingal.
P. BHAVADASAN, JUDGE sb.