IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 Tr.P(C).No. 353 of 2010() ------------------------- OP.710/2010 of FAMILY COURT,KOZHIKODE .................... PETITIONER ------------------------------ HIMA.N.K., W/O.GIRISH, AGED 27 YEARS, KARUNA HOUSE, THARUVANA P.O., PORUNNANNUR AMSOM, CHANGADAM DESOM, MANANTHAVADI TALUK, WAYANAD. BY ADV. SRI.SANTHARAM.P RESPONDENT(S): PETITIONER ------------------------- GIRISH, AGED 30 YEARS, S/O.KOMAPPAN NAIR KANKADATH HOUSE, CHANGAROTH P.O., THARIPPILODU, KOYILANDY TALUK, KOZHIKODE, PIN 671 101. ADV. SRI.K.P.SUDHEER FOR R1 SMT.M.SINDHU THANKAM FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ Tr.P(C).No.353 OF 2010 ------------------------------ Dated this the 10 th day of March, 2011 ORDER The petitioner prays in this Transfer Petition to transfer OP No.710 of 2010, pending before the Family Court, Kozhikode to the Family Court, Kalpetta, where OP No.178 of 2010 is pending. 2. The petitioner belongs to Manathavady in Wayanad district. The marriage between the petitioner and the respondent was solemnized at Mananthavady. A child was born in the wedlock. The child is of 1 ½ years of age. The child is living with the petitioner. 3. The respondent filed OP No.710 of 2010 before the Family Court, Kozhikode for restitution of conjugal rights. 4. It is stated by the wife that she would be put to great prejudice if she were to travel with Tr.P(C).No.353 OF 2010 2 her child to the Family Court, Kozhikode. It is also pointed out that she filed OP(HM)No.178 of 2010 before the Family Court, Kalpetta for divorce and that case is pending. 5. At any rate, the respondent has to attend the Family Court, Kalpetta to contest OP(HM) No.178 of 2010. If both the cases are considered by the same Family Court, it would be beneficial to the interests of both the parties. If the case pending before the Family Court, Kozhikode is transferred to the Family Court, Kalpetta, both parties would be to that extent benefited. 6. The Supreme Court in Sumitha Singh v. Kumar Sanjay and another ((2001) 10 SCC 41), Mangla Patil Kale v. Sanjeev Kumar Kale ((2003)10 SCC 280) and Rajwinder Kaur v. Balwinder Singh ((2003)11 SCC 726) held that the inconvenience caused to the wife, if no transfer is made, should be taken note of. Tr.P(C).No.353 OF 2010 3 Taking into account the facts and circumstances of the case, the Transfer Petition is allowed. OP No.710 of 2010 pending before the Family Court, Kozhikode shall stand transferred to the Family Court, Kalpetta. The Family Court, Kozhikode shall transmit the records to the Family Court, Kalpetta. The parties shall appear before the Family Court Kalpetta on 7 th April, 2011. K.T.SANKARAN, JUDGE cms