The court has the discretion to transfer cases to another court for the convenience of a party, especially when the party is a person with disability.

Headnote:
TRANSFER OF CASES - DISABILITY - CONVENIENCE
Fact of the Case:

The petitioner, a 90% disabled person, sought the transfer of two Original Petitions (OPs) filed by his wife in the Family Court, Tirur, to the Family Court, Malappuram, on the grounds of convenience.
Finding of the Court:

The court allowed the transfer petitions, considering the petitioner's disability and the fact that he had earlier filed an OP in the Family Court, Malappuram, which was considered conjointly with one of the OPs filed by his wife.
Issues: Whether the OPs should be transferred to the Family Court, Malappuram, for the convenience of the petitioner, who is a 90% disabled person.
Ratio Decidendi: The court held that the convenience of the petitioner, who is a 90% disabled person, should be taken into account, and that the OPs should be transferred to the Family Court, Malappuram, where he had earlier filed an OP.
Final Decision: The court allowed the transfer petitions and directed the transfer of the OPs from the Family Court, Tirur, to the Family Court, Malappuram.

ORDER

Tr.P(C) No. 656 of 2023 pertains to O.P No.778 of 2023 and Tr.P(C) No.679 of 2023 pertains to O.P No.783 of 2023. Both the above referred O.Ps were preferred by the respondent/wife, one seeking dissolution of marriage and the other, for return of gold ornaments. The petitioner seeks transfer of the said Original Petitions which are pending before the Family Court, Tirur to the Family Court, Malappuram, on the premise that the petitioner is a 90% disabled person, as certified by the Medical Board vide Ext P3, pursuant to an accident which occurred in the year 2015.

2. Heard the learned counsel for the petitioner. Though notice was served upon the Tr.P(C) Nos.656/2023 & 679/2023 respondent/wife, there is no appearance.

3. As directed by this Court, notice was also served on the counsel appearing for the respondent in the court below. Thereafter also, there is no representation for the respondent.

4. Learned counsel for the petitioner submits that the petitioner herein earlier filed an Original Petition as O.P No. 1152 of 2021 for restitution of conjugal rights before the Family Court, Malappuram. The respondent/wife also filed an application under Section 125 of the Cr.P.C in the same court. Both these matters were considered conjointly and Ext P1 common judgment was passed. It is thereafter that the present Original Petitions were preferred by the respondent/wife before the Family Court, Tirur. In as much as the petitioner is 90% disabled, the petitioner seeks transfer of the said O.Ps to Family Court, Tr.P(C) Nos.656/2023 & 679/2023 Malappuram.

5. This Court perused Ext P3, which is the disability certificate issued by the Medical Board, District Hospital, Manjeri. It is certified that the petitioner is suffering from Traumatic Paraplegia, resulting in 90% permanent disability. In such circumstances, this Court is persuaded to take into account the convenience of the husband, which would not otherwise have been done, but for Ext P3 medical certificate.

5. Accordingly, these Transfer Petitions are allowed, transferring O.P Nos.778 of 2023 and 783 of 2023 pending before the Family Court, Tirur to the Family Court, Malappuram. The transferor court shall transmit the entire records in these two cases to the transferee court, forthwith. This Court also directs that in case any of the parties makes an application to dispense with their Tr.P(C) Nos.656/2023 & 679/2023 presence, except on unavoidable situations, the same will be considered and orders passed by the Family Court, Malappuram.

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