IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 Tr.P(C).No. 10 of 2011() ------------------------ OP.957/2010 of FAMILY COURT, KANNUR .................... PETITIONER (S): RESPONDENT ------------------------------------------ VANAJA T., AGED 52 YEARS, D/O.VELAYUDHAN NAIR, VEERATH APARTMENTS, SPICES ROAD, ERNAKULAM NORTH, COCHIN-17. BY ADV. SRI.T.M.RAMAN KARTHA RESPONDENT(S): PETITIONER ---------------------------------------- C.M.DAMODARAN, AGED 61 YEARS, ARUNIMA, MANDOOR P.O., CHERUTHAZHAM, MANDOOR, KANNUR, PIN 660 684. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------- Tr.P.(C).No.10 of 2011 -------------------------------------- Dated this the 8th day of March, 2011 O R D E R Though the respondent was served with notice, there is no appearance. 2. The petitioner is the wife of the respondent. Their marriage took place in the year 1982. They have grown up children. It is stated that the children are employed elsewhere. The petitioner is residing at Ernakulam. The respondent is residing at Kannur. The petitioner is aged 52 years and the respondent is aged 61 years, going by the age shown in the cause title. 3. The respondent filed O.P.No.957 of 2010 before the Family Court, Kannur for divorce. The prayer of the petitioner is to transfer that case from the Family Court, Tr.P.(C) No.10/2011 2 Kannur to the Family Court, Ernakulam. 4. It is stated that there is nobody to accompany the petitioner to the Family Court, Kannur. It is alleged that the divorce petition has been filed only to harass the petitioner. The petitioner is not in a position to undertake a journey from Ernakulam to Kannur and attend the Family Court, Kannur. It is also submitted that the distance between Ernakulam to Kannur is around 300 kms. 5. The Supreme Court in Sumita Singh vs. Kumar Sanjay and another (2001 (10) SCC 41), Rajwinder Kaur vs. Balwinder Singh (2003(11) SCC 726) and Mangla Patil Kale vs. Sanjeev Kumar Kale (2003(10) SCC 280) held that the inconvenience caused to the wife, if no transfer is made, should be taken note of. Taking into account the facts and circumstances of the Tr.P.(C) No.10/2011 3 case, it is only just and proper to transfer O.P.No.957 of 2010 from the Family Court, Kannur to the Family Court, Ernakulam. Accordingly, the Transfer Petition is allowed. O.P.No.957 of 2010 pending before the Family Court, Kannur shall stand transferred to the Family Court, Ernakulam. The Family Court, Kannur shall transmit the records to the Family Court, Ernakulam. K.T.SANKARAN JUDGE csl