IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 Tr.P(C).No. 314 of 2009() ------------------------- OP.597/2009 of FAMILY COURT,KOLLAM .................... PETITIONER/RESPONDENT: ----------------------------------------- SRUTHI ASHOK, D/O.ASHOK KUMAR NO.32, JAYANTHINAGAR COLONY, KOZHIKODE 32 PRESENTLY RESIDING AT "AMRUTHAM" HOUSE NO.3416/B PAROPPADI PO, CHEVARAMBLAM,KOZHIKODE 673 017. BY ADV. SRI.THOMAS T.VARGHESE SRI.N.SASI RESPONDENT/PETITIONER: --------------- P.A.PRADEEP, S/O.ANANDAN, PUTHENPURACKAL ELIMULLUMPLACKL,P.O.PAYYANAMON KONITHAZHAM VILLAGE HAVING PERMANENT RESIDENCE AT H.NO.8/300/1,PLOT NO.72 NEW VIVEKANANDA NAGAR, HMT ROAD, CHINTAL, HYDERABAD 500054. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Tr.P.C.No. 314 of 2009 --------------------------------------- Dated this 01st day of July, 2010 ORDER This petition is filed by the wife seeking transfer of O.P.No.597 of 2009 of Family Court, Kollam to Family Court, Kozhikode. Though respondent was personally served on this petition and notice was also served on his counsel which is sufficient service as per Rule 59 of the Kerala High Court Rules, there is no response. 2. It is submitted by learned counsel for petitioner that petitioner had filed O.P.No.835 of 2009 in the Family Court, Kozhikode seeking divorce and that petition has been allowed in her favour. She has also filed M.C.No.65 of 2009 in the court of learned Judicial First Class Magistrate, Kunnamangalam under provisions of the Protection of Women from Domestic Violence Act. Now the prayer is to transfer O.P.No.597 of 2009 filed by respondent/husband for restitution of conjugal rights from Family Court, Kollam to Family Court, Kozhikode. It is stated that petitioner is a resident of Kozhikode and cannot undertake to travel long distance to Kollam to conduct the case. As seen from the address petitioner is a resident of Kozhikode. She has to travel Tr.P.C.No.314 of 2009 : 2 : a lot from her place of residence to Kollam. Respondent, it appears is working abroad. It will be a great inconvenience for the lady to travel all the distance from Kozhikode to Kollam. Having regard to the inconvenience of petitioner/wife, I am inclined to allow the request. Resultantly this petition is allowed and O.P.No.597 of 2009 pending in Family Court, Kollam is withdrawn from that court and transferred to Family Court, Kozhikode. 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/-