IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 2ND JUNE 2011 / 12TH JYAISHTA 1933 Tr.P(C).No. 124 of 2011() ----------------------------- OP.45/2011 of FAMILY COURT, PALAKKAD .................... PETITIONER/RESPONDENT -------------------------------- REMYA, AGED 21 YEARS, D/O.M.V.VIJAYAN, RAZACK COMPLEX, KAAVUMPADI, PALLIKAL BAZAAR, MALAPPURAM DISTRICT. BY ADV. SRI.P.VENUGOPAL (1086/92) RESPONDENT(S): PETITIONER -------------------------------------- VASUDEVAN.P.P., AGED 23 YEARS, S/O.HARIDASAN, PAMBAN PALLIYALIL HOUSE, THRIKKADEERI.P.O., CHERPULASSERI-679 502, OTTAPALAM TALUK, PALAKKAD DISTRICT. ADV. SRI.K.K.MOHAMED RAVUF THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ Tr.P.(C).No.124 OF 2011 ------------------------------ Dated this the 2nd day of June, 2011 ORDER The petitioner prays for transfer of O.P No.45 of 2011 pending before the Family Court, Palakkad to the Family Court, Malappuram, where M.C.No.139 of 2011 is pending. 2. O.P.No.45 of 2011 was filed by the respondent against the petitioner for declaring the marriage as null and void. M.C.No.139 of 2011 was filed by the petitioner against the respondent for maintenance. Both these cases are pending. 3. It is stated that the petitioner is pregnant by seven months. She also states that her parents are not supporting her. She states that she is residing in a rented house at Malappuram. The petitioner is not in a position to attend the Family Court by undertaking a long distance travel. It is submitted that the petitioner does not have the necessary financial resources to meet the travelling expenses to go to Palakkad for the conduct of the case. Tr.P.(C).No.124 OF 2011 2 4. 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. In the facts and circumstances of the case, the Transfer Petition is allowed and OP No.45 of 2011 pending before the Family Court, Palakkad is transferred to the Family Court, Malappuram. The Family Court, Palakkad shall transmit the records to the Family Court, Malappuram. The parties shall appear before the Family Court, Malappuram on 28.6.2011. K.T.SANKARAN, JUDGE. cms