IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 Tr.P(C).No. 150 of 2010() ------------------------- OP.218/2010 of FAMILY COURT,ERNAKULAM .................... PETITIONER/RESPONDENT IN O.P.No.218 OF 2010: ------------------------------ VIBI WILLY.C, AGED 21 YEARS, D/O. WILLY, CHERUVATHOOR HOUSE, EASTERN BAZAR, PAZHANJI.P.O, KUNNAMKULAM, THRISSUR DISTRICT. BY ADV. SRI.P.RAMACHANDRAN RESPONDENT/RESPONDENT IN O.P.No.218 OF 2010: ------------------------- EDWIN.A.A, S/0. LATE A.P. ABRAHAM, AYENKULANGARA HOUSE, SASTHRI ROAD, VADUTHALA.P.O, KOCHI -25 ADV. SRI.C.P.PEETHAMBARAN FOR R THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Tr.P.C.No.150 of 2010 --------------------------------------- Dated this 22nd day of June, 2010 ORDER This petition is filed by the wife requesting to transfer O.P.No.218 of 2010 from Family Court, Ernakulam to Family Court, Thrissur. That is a petition filed by the respondent/husband for restitution of conjugal rights. Petitioner has filed M.C.No.148 of 2010 in the Family Court, Thrissur seeking maintenance from the respondent. Petitioner states that she is a resident of Pazhanji near Kunnamkulam in Thrissur district and has a child aged about 1½ years. She has to travel about 130kms from her place of residence to reach Family Court, Ernakulam. There is nobody to accompany her since her parents are aged. Hence the petition. Counsel for respondent contends that petitioner has initiated proceedings against respondent only after the latter filed O.P.No.218 of 2010 in Family Court, Ernakulam. The Supreme Court in Sumitha Singh Vs. Kumar Sanjay and Another (AIR 2002 SC 396) has stated that while considering request for transfer in matrimonial proceedings convenience of wife must be looked into. True, that does not mean that inconvenience of the Tr.P.C.No.150 of 2010 : 2 : husband shall not be considered. I am persuaded to think that transfer of the case from Family Court, Ernakulam to Family Court, Thrissur will be of much convenience to the petitioner/wife while that will not cause much inconvenience to the respondent/husband who is a resident of Vaduthala in Ernakulam district and the distance from his place of residence to Thrissur is not that much. Having regard to the circumstances I am inclined to allow the petition. Resultantly the petition is allowed. O.P.No.218 of 2010 pending in Family Court, Ernakulam is withdrawn from that court and transferred to Family Court, Thrissur for trial and disposal. Transferor court shall transmit records of O.P.No.218 of 2010 to the transferee court with due intimation to counsel on both sides as to date of appearance of parties in the transferee court. (THOMAS P JOSEPH, JUDGE) Sbna/-