IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 Tr.P(C).No. 139 of 2010() ------------------------- OP.768/2009 of FAMILY COURT,KOLLAM .................... PETITIONER --------------------- P.MINI MOL, AGED 27 YEARS, D/O.R.S.MOORTHY, MINI BHAVAN, MADANADAYIL, CHADAYAMANGALAM, POLICE STATION, CHADAYAMANGALAM. BY ADV. SMT.SANDHYA RAJU RESPONDENT: --------------- R.RAJESH, AGED 35 YEARS, S/O.RAMAKRISHNAN, RAMAKRISHNA VIHAR, POLACHIRA P.O., OZHUKKUPARA, KOLLAM POLICE STATION: PARAVOOR. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Tr.P.C.No.139 of 2010 --------------------------------------- Dated this 07th day of July, 2010 ORDER Respondent has been served on this petition but he has not responded. 2. This petition is filed by the wife seeking transfer of O.P.No.768 of 2009 from Family Court, Kollam to Family Court, Kottarakara. It is stated that petitioner is resident of Chadayamangalam which is nearer to Kottarakara than to Kollam. According to the petitioner, she was subjected to physical violence by the respondent, she apprehends danger if she goes to Kollam and she has a daughter aged about 1½ years. She finds it difficult to go to Kollam to conduct the case. Learned counsel says that the traveling distance from Chadayamangalam to Kollam is of 1¼ hrs while to Kollam it is only of 30 minutes. 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) has stated that while considering request for transfer in matrimonial proceedings convenience of the wife has to be looked into. If the case is transferred to Family Court, Kottarakara that will not cause much Tr.P.C.No.139 of 2010 : 2 : inconvenience to the respondent. Hence I am inclined to allow the petition. Resultantly this petition is allowed. O.P.No.768 of 2009 pending in Family Court, Kollam is withdrawn from that court and made over to Family Court, Kottarakara. 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. (THOMAS P JOSEPH, JUDGE) Sbna/-