IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 Tr.P(C).No. 276 of 2010() ----------------------------------- OPHMA.256/2010 of FAMILY COURT, ALAPPUZHA .................... PETITIONERS ----------------------- 1. SEEMA RADHAKRISHNAN, D/O. RADHAKRISHNAN, AGED 30, KOTTARATHIL HOUSE, THODUPUZHA P.O., NOW WORKING AS STAFF NURSE 3633, NORTH, 6TH AVENUE APARTMENT, B-19, PHONIX, STATE OF ARIZONA, U.S.A., REP.BY P/A K.C.RADHAKRISHNA PILLAI KOTTARATHIL HOUSE, THODUPUZHA. 2. K.C.RADHAKRISHNA PILLA, AGED 59, S/O. CHELLAPPAN PILLA, KOTTARATHIL HOUSE, THODUPUZHA P.O., IDUKKI DISTRICT. 3. VANAJA RADHAKRISHNAN, W/O. RADHAKRISHNA PILLA, KOTTARATHIL HOUSE, THODUPUZHA, IDUKKI DISTRICT. BY ADVS SRI.C.K.VIDYASAGAR SRI.P.CHANDY JOSEPH RESPONDENT(S): ------------------------- ANISH K.C., S/O. CHANDRAMOHAN, AGED 34, KANNITTAPARAMBIL, CHANDANAKAVU, ALLEPPEY-688 001. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Tr.P(C) No.276 of 2010 ==================================== Dated this the 07th day of October, 2010 O R D E R Respondent is served, but there is no response. 2. This petition is filed by the wife and her parents for transfer of O.P(Div.) No.256 of 2010 from Family Court, Alappuzha to Family Court, Thodupuzha. That is a petition filed by the respondent for divorce and recovery of damages from petitioner Nos.2 and 3, parents of petitioner No.1. Petitioner-wife is working as a staff nurse in the United States. It is stated that petitioner Nos.2 and 3 are aged and cannot travel all the distance from Thodupuzha to Alappuzha to contest the case. 3. It is stated that petitioner No.1 who is working as a staff nurse in the United States and petitioner Nos.2 and 3, her parents who are unnecessarily dragged into the proceeding on the allegation of damages are to attend Family Court at Alappuzha which is about 120 kms away from the place of residence of petitioners. It is stated that petitioner No.2 is aged 59 years and if the case continued to be at Alappuzha, petitioner Nos.2 and Tr.P(C) No.276 of 2010 -: 2 :- 3 have to travel a long distance to contest the case. If the case is transferred to Thodupuzha it will not cause much inconvenience to the respondent who is a resident of Alappuzha and the difficulty that may be caused to the respondent can be reduced by permitting him to appear through counsel except when his physical presence is required. Having regard to the facts and circumstances stated I am inclined to allow the petition. Resultantly this petition is allowed in the following lines: (i) O.P(Div.) No.256 of 2010 pending in Family Court, Alappuzha is withdrawn from that court and made over to Family Court, Thodupuzha. (ii) The transferor court while transmitting records of the case to the transferee court shall fix the date for appearance of parties in the transferee court with due intimation to the counsel on both sides. Tr.P(C) No.276 of 2010 -: 3 :- (iii) It is made clear that except when physical presence of respondent in the transferee court is necessary he can appear through counsel. THOMAS P. JOSEPH, JUDGE. vsv