IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 Tr.P(C).No. 155 of 2010() ------------------------- OP(SMA).390/2010 of FAMILY COURT,KOLLAM .................... PETITIONER ------------------------------ ANU MATHEW, AGED 32 YEARS, D/O. M.V.MATHUKUTTY, 32/1869-A, NETHAJI ROAD, MAMANGALAM, EDAPPALLY P.O., KOCHI-682 024. BY ADV. SRI.T.M.RAMAN KARTHA RESPONDENT(S): --------------- JYOTHI THOMAS, AGED 40 YEARS, S/O. KURIAN THOMAS, AYIRUKUZHI, LAKE VIEW, KAVANAD P.O., KOLLAM, NOW RESIDING AT AYIRUKUZHI, HOUSE NO.42, ANAYA NAGAR, THIRUMULLAVARAM P.O., KOLLAM WEST VILLAGE, KOLLAM. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No.155 of 2010 -------------------------------------- Dated this the 6th day of July, 2010. ORDER Though respondent is served on this application, he has not responded. 2. Petitioner/wife seeks transfer of O.P.(SMA) No.390 of 2010 from Family Court, Kollam to Family Court, Ernakulam. It is stated that petitioner is a resident of Mamangalam, Kochi and is employed with VLCC Health Care Ltd., Elamakkara Branch. She has two children, of them one is school going and other is aged about three years who are under her care and custody. Petitioner on account of her employment at Ernakulam is not able to go to Kollam to effectively participate in the proceedings there. Hence the request for transfer. 3. It is seen from the petition that petitioner is a resident of Mamangalam, Kochi while respondent is a resident of Thirumullavaram in Kollam West Village. Petitioner has to travel a lot to reach Kollam. She is a young lady and has to take care of two young children of whom one is school going. It will be too inconvenient to her to go to Kollam. It is stated that respondent is now working abroad. Hence transfer of the case from Family Tr.P.(C) No.155 of 2010 2 Court, Kollam to Family Court, Ernakulam will not cause much inconvenience to the respondent. Having regard to the facts and circumstances of the case I am inclined to allow this petition. Resultantly this petition is allowed in the following lines: i. O.P.(SMA) No.390 of 2010 pending in Family Court, Kollam is withdrawn from that court and made over to Family Court, Ernakulam. ii. The transferor court shall, while transmitting records of the case to the transferee court fix the date for appearance of parties in the transferee court with due intimation to the counsel on both sides. I.A.No.1266 of 2010 will stand dismissed. THOMAS P.JOSEPH, Judge. cks