IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 Tr.P(C).No. 335 of 2010() ----------------------------------- H.M.A. (OP).928/2010 of FAMILY COURT,KOLLAM .................... PETITIONER -------------------- SHAINA HARI KUMAR NAIR, W/O.HARI I KUMAR NAIR, AGED 37 YEARS, KOMATH HOUSE, ISLAND SEA FOODS, AZHEEKAL POST, KOCHI-682510. BY ADV. SRI.DENIZEN KOMATH RESPONDENT(S): ------------------------- HARI KUMAR RADHAKRISHNAN NAIR, S/O.M.RADHAKRISHNAN NAIR, AGED 39 YEARS, ABHILASH, PUNNATHAL WARD, KOLLAM WEST VILLAGE, KOLLAM TALUK, THIRUMULLAWARAM POST, KOLLAM-691012. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOMAS P JOSEPH, J. ---------------------------------------- Tr.P(C).No.335 of 2010 --------------------------------------- Dated this 13th day of December, 2010 ORDER Respondent is served but there is no response. 2. This petition is filed by the wife seeking transfer of O.P(H.M.A).No.928 of 2010 from Family Court, Kollam to Family Court, Ernakulam. It is stated that petitioner/wife is a resident of Azheekal, in Ernakulam District. She has filed O.P.No.1906 of 2010 in Family Court, Ernakulam against respondent for restitution of conjugal rights. It is stated that petitioner finds it difficult to travel all the distance and there is nobody to accompany her since her parents are not alive. 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 (9) SCC 353) stated that while considering request for transfer in matrimonial proceedings convenience of the wife has to be looked into. It is not disputed that O.P.No.1906 of 2010 filed by petitioner is pending consideration in Family Court, Ernakulam. O.P(H.M.A).No.928 of 2010 filed by respondent in Family Court, Kollam being one for divorce, it is only proper that both the cases Tr.P(C).No.335 of 2010 : 2 : are disposed of by the same court. If the case continues to be at Family Court, Kollam petitioner has to travel a long distance. In the circumstances stated I am inclined to think that comparative hardship of petitioner requires the case to be transferred to Family Court, Ernakulam. Hence I am inclined to allow the petition. Resultantly this petition is allowed in the following lines: (i) O.P(H.M.A).No.928 of 2010 pending in Family Court, Kollam is withdrawn from that court and made over to Family Court, Ernakulam. (ii) The transferor court shall transmit records of the case to the transferee court with due intimation to counsel on both sides as to the date of appearance in transferee court. (iii) Transferor court shall ensure that both the cases are posted as far as possible on the same date. (iv) It is made clear that except when his personal presence is required, respondent can appear in the transferee court through counsel. (THOMAS P JOSEPH, JUDGE) Sbna/-