IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 Tr.P(C).No. 330 of 2009() ------------------------- OP.1644/2008 of FAMILY COURT,ERNAKULAM .................... PETITIONER: ------------------------------ SHINOJ, S/O.VARGHESE, KALLUMAKKAL HOUSE, NASRANIPURAM, SPRING VALLEY, KUMILY, IDUKKI DISTRICT. BY ADV. SRI.P.C.CHACKO(PARATHANAM) RESPONDENT(S): --------------- DELSYA @ GINI, D/O.T.G.BONEY, THAREPARAMBIL HOUSE, CHERIAKADAVU, KANNAMALY, ERNAKULAM. ADV. SRI.N.RATHEESH SMT.SUMA RATHEESH THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Tr.P.C.No.330 of 2009 --------------------------------------- Dated this 14th day of September, 2010 ORDER This petition is filed by the husband seeking a transfer of O.P.No.1644 of 2008 from Family Court, Ernakulm to Family Court, Thodupuzha. He states that he is a permanent resident of Kumily, in Idukki District and that it will take almost 6 hrs for him to reach Ernakulam. He has filed O.P.No.342 of 2008 in Family Court, Thodupuzha seeking divorce. In the circumstance the request for transfer. Application is opposed by respondent/wife. While opposing the prayer for transfer made by petitioner/husband she also requests that O.P.No.342 of 2008 filed by petitioner in the Family Court, Thodupuzha be transferred to Family Court, Ernakulam for trial with O.P.No.1644 of 2008. Learned counsel for respondent contends that it will be quite inconvenient to the respondent/wife if the case is transferred to the Family Court, Thodupuzha. 2. Going by the address of parties given in the petition and it is not disputed also, petitioner is a resident of Spring Valley at Kumily in Idukki District while respondent belongs to Cheriakadavu, near Kannamaly in Ernakulam District. The distance Tr.P.C.No.330 of 2009 : 2 : from Ernakulam to Thodupuzha is around 60 kms. Travelling time from Kumily to Ernakulam by bus will be around 6 hrs. By half that time petitioner can reach Thodupuzha. Asking petitioner to come to Ernakulam will cause too much hardship to him. That could be lessened if the cases are tried at Thodupuzha. Fact remained that petitioner has filed O.P.No.342 of 2008 in Family Court, Thodupuzha, it remained in that court for about two years and it is only for transfer of the case from Ernakulam to Thodupuzha that now a request is made by the wife to transfer the case at Thodupuzha to Ernakulam. It is not as if inconvenience of husband shall not be looked into for any reason whatsoever. Having regard to the circumstances stated I am persuaded to think that it will be less inconvenient to the petitioner/husband if the cases are tried at Thodupuzha while trial of the case at Thodupuzha will not cause that much inconvenience to the respondent/wife. In the circumstances I am inclined to allow the request of petitioner. Resultantly, while rejecting the request of respondent for transfer of O.P.No.342 of 2008 from Family Court, Thodupuzha to Family Court, Ernakulam, petition filed by the husband is allowed in the following lines: (i) O.P.No.1644 of 2008 pending in Family Court, Ernakulam is withdrawn from that court and Tr.P.C.No.330 of 2009 : 3 : made over to Family Court, Thodupuzha for trial and disposal. (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) Family Court, Thodupuzha shall ensure that both the cases are posted on the same date. (iv) It is made clear that it will be open to the parties except when their physical presence is required in the cases to appear in the transferee court through their counsel. (v) Learned Judge of Family Court, Thodupuzha is directed to dispose of the petitions as early as possible since the petitions are of the year, 2008. (THOMAS P JOSEPH, JUDGE) Sbna/-