IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 Tr.P(C).No. 166 of 2011() ------------------------- OP(HMA)1496/2010 of FAMILY COURT, NEDUMANGAD TO FAMILY COURT, THIRUVALLA ................................................ PETITIONER: ----------------------- DR.K.LEKHA, D/O.KAMALA BHAI, DENTAL DOCTOR, AGED 35 YEARS, RESIDING AT PALATHUM THALAKKAL VEEDU, AZHOOR ROAD, AZHOOR MURI, PATHANAMTHITTA VILLAGE, PATHANAMTHITTA P.O., PIN-689 645. BY ADVS. SRI.P.VIJAYAKUMAR, SRI.C.R.REGHUNATHAN, SRI.M.V.ASHIM, SRI.B.HARRYLAL. RESPONDENT(S): ----------------------------- R.SAJEEV, S/O.RAGHUVARAN, AGED 43 YEARS, RESIDING AT 'INKUS', MARKET ROAD, ATTINGAL, ATTINGAL P.O., PIN-685 101. BY ADV. SRI.M.R.RAJESH THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss Tr.P.C.NO.166/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.A1: COPY OF PETITION IN OP (HMA) 1496/2010 PENDING BEFORE FAMILY COURT, NEDUMANGAD. ANNEX.A2: COPY OF PETITION IN MC 202/2010 PENDING BEFORE CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA. ANNEX.A3: COPY OF PETITION IN OP.(DIVORCE) 319/2011 PENDING BEFORE FAMILY COURT, THIRUVALLA. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P JOSEPH, J. ---------------------------------------- Tr.P(C).No.166 of 2011 --------------------------------------- Dated this 09th day of August, 2011 ORDER Petitioner/wife seeks transfer of O.P(H.M.A).No.1496 of 2010 from Family Court, Nedumangad to Family Court, Thiruvalla. It is stated that petitioner, a dental doctor by profession is one of the three daughters of her parents, she has look after the aged parents, she is residing at Azhoor and engaged in her profession at Pathanamthitta. It is also stated that she has to travel more than 100kms to contest the case at Family Court, Nedumangad. She has filed O.P.No.319 of 2011 in Family Court, Thiruvalla seeking divorce. In the circumstance it is requested that O.P.(H.M.A).No.1496 of 2011 may be transferred to Family Court, Thiruvalla. 2. Learned counsel for respondent while opposing the petition contended that the only ground stated for transfer is that petitioner has to look after her aged mother. According to the learned counsel, that alone is not sufficient to allow transfer. 3. The Supreme Court in Sumitha Singh Vs. Sanjay Kumar & Another (AIR 2002 SC 396) and Arti Rani Lrs. Pinki Devi and Another Vs. Darmendra Kumar Gupta (2008 Tr.P(C).No.166 of 2011 -: 2 :- (9) SCC 353) has stated that while considering the request for transfer in matrimonial proceedings convenience of the wife has to be looked into. One of the two cases between the parties is now pending in Family Court, Thiruvalla. Petitioner has to travel the long distance from her place of residence to Family Court, Nedumangad. She is also engaged in her profession at Pathanamthitta. Considering these relevant factors I am satisfied that comparative hardship is more on petitioner. Hence I am inclined to allow the petition. Resultantly this petition is allowed in the following lines: (i) O.P(H.M.A).No.1496 of 2010 pending in Family Court, Nedumangad is withdrawn from that court and made over to Family Court, Thiruvalla. (ii) The transferor court shall transmit records of the case to the transferee court with due intimation to the counsel on both sides as to the date of appearance in the transferee court. (iii) It is made clear that except when physical presence of respondent is necessary it is open to him to appear through counsel in the transferee court. (iv) Transferee Court shall as far as possible post all the cases between the parties on the same dates. (THOMAS P JOSEPH, JUDGE) Sbna/-