IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 Tr.P(C).No. 196 of 2010() ------------------------- OP.265/2010 of FAMILY COURT,KOLLAM .................... PETITIONER: ------------------------ POORNIMA A.S., AGED 22 YEARS, D/O.RATHNAKUMARI, AMBILY BHAVAN, ERUMAKKADU P.O., EDAYARANMULA, PATHANAMTHITTA. BY ADV. SRI.C.V.MANUVILSAN SRI.P.G.SURESH SRI.OOMMEN M. MATHEW SMT.K.VIDYA SRI.M.R.VIBIN RESPONDENT: --------------- VINOD, AGED 28 YEARS, S/O.RAVEENDRAN NAIR, THENGAYATHU VEEDU, THECKECHERRY, KANJAVALI P.O., KOLLAM. ADV. SRI.NOBLE MATHEW SRI.JACOB C.K. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Tr.P.(C).No.196 of 2010 --------------------------------------- Dated this 04th day of August, 2010 ORDER Respondent is served of this petition sufficiently early but he has not responded. 2. This petition is filed by the wife seeking transfer of O.P.No.265 of 2010 from Family Court, Kollam to Family Court, Thiruvalla. Petitioner is a resident of Edayaranmula, in Pathanamthitta district while respondent/husband is a resident of Kanjavila, in Kollam District. The latter filed O.P.No.265 of 2010 in Family Court, Kollam for restitution of conjugal rights. Petitioner filed O.P.No.30 of 2010 in Family Court, Thiruvalla against respondent and his father for recovery of money, ornamaents etc. She has filed M.C.No.355 of 2009 in Family Court, Thiruvalla against respondent and obtained an order for maintenance. That is being executed in the said court. It is stated that petitioner is residing far away from Family Court, Kollam, there is nobody to accompany her and that consolidation of the cases in the same court is necessary. Learned counsel for petitioner states that petitioner has to travel about 100 kms from her place of residence to reach Family Court, Kollam. Tr.P.(C).No.196 of 2010 : 2 : 3. I stated that parties are residing in two districts. Distance wise it will be convenient to the petitioner if the cases are transferred to Family Court, Thiruvalla. There is also an added fact that two cases filed by petitioner are pending in family Court, Thiruvalla. So far respondent has not made any request for transfer of those cases to the Family Court, Kollam. Having considered the comparative hardship I am persuaded to think that hardship of petitioner if the case continued to be at Kollam is greater than hardship that may be caused to the respondent if it is transferred to Family court, Thiruvalla. In the circumstance I am inclined to allow the petition. Resultantly this petition is allowed in the following lines. (i) O.P.No.265 of 2010 pending in Family Court, Kollam is withdrawn from that court and made over to Family Court, Thiruvalla for trial and disposal. (ii) The transferor court shall transmit records of the case to the transferee court with due intimation to counsel on both sides as to date of appearance in the transferee court. (iii) It is made clear that it will be open to the respondent to appear in O.P.Nos.265 and 30 of 2010 through counsel except when his physical presence is necessary. (THOMAS P JOSEPH, JUDGE) Sbna/-