IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 Tr.P(C).No. 25 of 2011 TO TRANSFER OP.NO.774/2010 FROM THE OF FAMILY COURT, ALAPPUZHA TO THE FAMILY COURT, ERNAKULAM. PETITIONER: RESPONDENT: ------------------------------ MONISHA, AGED 24 YEARS, D/O.K.JANARDHANAN NAIR, CHIRAKKAPARAMBU HOUSE(NANDANAM) KUMBALAM KARA, ERNAKULAM BY ADV. SRI.K.V.SABU RESPONDENT: PETITIONER: --------------- UMESH @ HARIKUMAR,AGED 27 YEARS, S/O.MADHAVA KURUP, THEVALAKKATTU HOUSE, THURAVOOR P.O.,ALAPPUZHA DIST-PIN-688532 ADV. SRI.R.MURALEEKRISHNAN THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/06/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: I.A.NO.176/2011 IN TR.P.(C) NO.25/2011 DISMISSED 20/6/2011 SD/- K.T.SANKARAN, JUDGE //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ Tr.P.(C). NO. 25 OF 2011 ------------------------------------------------------ Dated this the 20th day of June, 2011 O R D E R The petitioner, who is the wife of the respondent, filed O.P.No.1419 of 2010 before the Family Court, Ernakulam, against the respondent, for divorce. She also filed O.P.No.1420 of 2010 against the respondent for return of gold ornaments, 19 signed plain cheque leaves and signed plain papers and also a sum of Rupees One lakh. When both these cases were pending, the respondent filed O.P.No.774 of 2010 before the Family Court, Alappuzha against the petitioner for restitution of conjugal rights. The prayer in the Transfer Petition is to transfer O.P.No.774 of 2010, pending before the Family Court, Alappuzha to the Family Court, Ernakulam. 2. Two cases are already pending before the Family Court, Ernakulam. The petitioner belongs to Vyttila at Ernakulam. The respondent belongs to Thuravoor in Alappuzha District. The respondent has to appear before the Family Court, Ernakulam in Tr.P.(C) NO.25 OF 2011 :: 2 :: O.P.Nos.1419 and 1420 of 2010. If the petitioner is driven to attend the Family Court, Alappuzha, she would be put to great hardship, submits the counsel. 3. The Supreme Court in Sumitha Singh v. Kumar Sanjay 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. 4. Taking into account the facts and circumstances of the case, the general convenience of the parties and the hardship that would be caused to the petitioner if the prayer for transfer is not allowed, I am of the view that the request for transfer requires to be granted. Accordingly, the Transfer Petition is allowed. O.P.No.774 of 2010 pending before the Family Court, Alappuzha shall stand transferred to the Family Court, Ernakulam. The Family Court, Tr.P.(C) NO.25 OF 2011 :: 3 :: Alappuzha shall transmit the records to the Family Court, Ernakulam. (K.T.SANKARAN) Judge ahz/