IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 Tr.P(C).No. 157 of 2011 TO TRANSFER OP.385/2011 FROM THE FAMILY COURT, NEDUMANGAD TO THE FAMILY COURT, KOTTARAKKARA. PETITIONER/RESPONDENT ----------------------------------------- ANILA K.ASOK, THADATHIL VEEDU, NEDUVATHOOR, NEELESWARAM P.O., KOTTARAKKARA, KOLLAM. BY ADV. SRI.V.PREMCHAND RESPONDENT: PETITIONER ------------------------- AJIKUMAR, CHARUVILA PUTHEN VEEDU, KUNNUKARAKONAM BHAGOM, ATTINGAL VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM- 695 267. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/06/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: I.A.NO.1144/2011 IN TR.P.(C) NO.157/2011 DISMISSED 30/6/2011 SD/- K.T.SANKARAN, JUDGE //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ Tr.P.(C). NO. 157 OF 2011 ------------------------------------------------------ Dated this the 30th day of June, 2011 O R D E R The prayer in this Transfer Petition filed by the petitioner/wife is to transfer O.P.No.385 of 2011 from the file of the Family Court, Nedumangad to the Family Court, Kottarakkara. The Original Petition is filed by the respondent/husband against the petitioner for restitution of conjugal rights. 2. It is stated that the petitioner is residing at Kottarakkara. The respondent resides at Thiruvananthapuram. It is stated that the father of the petitioner is no more. The financial position of the petitioner is such that she is not in a position to undertake a travel to the Family Court, Nedumangad. 3. Though the respondent was served with notice, there is no appearance. 4. The Supreme Court in Sumitha Singh v. Kumar Sanjay Tr.P.(C) NO.157 OF 2011 :: 2 :: and another (2001) 10 SCC 41), Mangla Patil Kale v. Sanjeev Kumar Kale ((2003) 10 SCC 280) and Rajwinder Kaur v. Balwinder Singh ((2003) 11 SCC 726) held that the convenience of the wife should be taken note of while considering the question of transfer. In the facts and circumstances of the case, the Transfer Petition is allowed. O.P.No.385 of 2011 pending before the Family Court, Nedumangad shall stand transferred to the Family Court, Kottarakkara. The Family Court, Nedumangad shall transmit the records to the Family Court, Kottarakkara. (K.T.SANKARAN) Judge ahz/