IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 16TH SEPTEMBER 2010 / 25TH BHADRA 1932 Tr.P(C).No. 257 of 2010() ------------------------- OP(GW).235/2010 of FAMILY COURT, THODUPUZHA .................... PETITIONERS/RESPONDENTS: ------------------------------------------- 1. FAICY, D/O.LATE NASAR, MUSLIAR BUILDING, IKAYA NAGER, HOUSE NO.172, VADAKKEVILA P.O., KOLLAM, FROM JAJ GARDENS HOUSE NO.1, LEKSHMI NADA, KOLLAM. 2. NARGHESE NAZAR, W/O.LATE NAZAR, MUSLIAR BUILDING, IKAYA NAGER, HOUSE NO.172, VADAKKEVILA P.O., KOLLAM FROM TAJ GARDENS HOUSE NO.1, LEKSHMI NADA, KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT/PETITIONER: ------------------------- NISHAD, S/O.POOKUNJU, AGED 40 YEARS, KALEELIL PUTHEN VEEDU, WARD NO.3, HOUSE NO.73, KUTTIVATTAM, VADAKKUMTHALA VILLAGE, KARUNAGAPPALLY, KOLLAM DISTRICT. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Tr.P.C.No.257 of 2010 --------------------------------------- Dated this 16th day of September, 2010 ORDER This petition is filed by the wife of respondent and her mother seeking transfer of O.P(G.W).No.235 of 2010 from Family Court, Thodupuzha to Family Court, Kollam. That is a petition filed by the respondent seeking custody of two minor children aged about 4 and 8 years, respectively. Petitioners say that they are permanent residets of Vadakkevila in Kollam District which is far away from Thodupuzha. Second petitioner is aged. First petitioner is working as a sales girl in a textile shop at Thiruvalla. She has to go from her house to that place in connection with her employment. She finds it very difficult to contest the case at Thodupuzha. Learned counsel states that distance from the place of residence of petitioners to Thodupuzha is more than 100 kms. The children are studying at Kollam. In the circumstance, request for transfer. 2. Notice of this petition was served on respondent but he has not appeared. Point for consideration is whether request for transfer is allowable. The Supreme Court in Sumitha Singh Vs. Sanjay Kumar & Another (AIR 2002 SC 396) and Arti Tr.P.C.No.257 of 2010 : 2 : Rani Lrs. 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. True, that does not mean that any inconvenience of the husband has to be ignored. It is not disputed that petitioners are permanent residents of Vadakkevila in Kollam District. Respondent, as the address in this petition shows is a resident of Kuttivattam, Karunagappally in Kollam District. Petitioners have to travel long distance to Thodupuzha to contest the case. Since the minor children are studying at Kollam it causes further inconvenience to the petitioner to take the children to Thodupuzha. In these circumstances, I am inclined to think that comparative hardship of petitioners if the case is not transferred would outweigh the hardship that may be caused to respondent if the case is transferred to Kollam. Hence I am inclined to allow the petition. Resultantly this petition is allowed in the following lines: (i) O.P(G.W)No.235 of 2010 pending in Family Court, Thodupuzha is withdrawn from that court and made over to Family court, Kollam. (ii) The transferor court shall transmit Tr.P.C.No.257 of 2010 : 3 : 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/- True Copy P.A to Judge