IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 Tr.P(C).No. 182 of 2010() ------------------------- OP.444/2010 of FAMILY COURT, NEDUMANGAD .................... PETITIONER/RESPONDENT: ----------------------------------------- JESSY RANI, AGED 36 YEARS, RESIDING AT JAYABHAVAN HOUSE, YEROOR P.O., KOLLAM DISTRICT. BY ADV. SRI.KILLIYOOR P.GOPALAKRISHNAN NAIR SRI.ASHOK SURESH SRI.JAISHANKAR V.NAIR RESPONDENT/ PETITIONER: ------------------------- JAYAPRAKASH, AGED 47 YEARS, S/O.LATE KUTTAPPAN, RESIDING AT JAYA BHAVAN HOUSE, YEROOR P.O., KOLLAM DISTRICT PIN 691 312. ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Tr.P.(C).No. 182 of 2010 --------------------------------------- Dated this 20th day of July, 2010 ORDER This petition is filed by the wife to transfer O.P.No.444 of 2010 from Family Court, Nedumangadu to Family Court, Kottarakkara. That is a petition filed by the respondent/husband for divorce. According to the petitioner, her address given by the respondent in O.P.No.444 of 2010 as if she is staying at Nedumangadu is not correct, instead she is staying with the respondent at Anjal, notice from Family Court, Nedumangadu in the address given in O.P.No.444 of 2010 was not served, it was directed to her address at Anjal and served there. She states that she has to travel about 100km to reach Family Court, Nedumangad catching 4 buses. It is also stated that she has two children aged 3 and 6 years. Respondent is also staying at Yeroor in Kollam district. Transfer of the case to Family Court, Kottarakkara would be convenient to both parties. Respondent has opposed the application stating that there is no reason to transfer the case from Family Court, Nedumangadu. 2. The Supreme Court in Sumitha Singh Vs. Sanjay Kumar & Another (AIR 2002 SC 396) and Arti Rani Lrs. Tr.P.C.No.182 of 2010 : 2 : Pinki Devi and Another Vs. Darmendra Kumar Gupta (2008 (9) SCC 353) has stated that while considering request for transfer in matrimonial proceedings convenience of the wife has to be looked into. It would appear that both parties are residing at Anjal in Kollam district. If that be so, it is advantageous for both if the case is transferred to Family Court, Kottarakara. If the case is continues at Family Court, Nedumangadu petitioner/wife will be put to much difficulties. She has to travel a long distance. She has to be accompanied by somebody and that involves much expense also. In the circumstances I am inclined to accept the request. Resultantly this petition is allowed. O.P.No.444 of 2010 pending in Family Court, Nedumangad is withdrawn from that court and made over to Family Court, Kottarakara. Transferor court shall transmit records of the case to the transferee court with due intimation to counsel on both sides as to the date of appearance of parties in the transferee court. (THOMAS P JOSEPH, JUDGE) Sbna/-