IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 TR.P(C).NO. 256 OF 2011() ------------------------------------- OP.656/2009 OF FAMILY COURT, NEDUMANGAD .................... PETITIONER/RESPONDENT ----------------------------------------- AMBALIKA.J.B., W/O.BIJU,AGED 30 YEARS, RESIDING AT T.C. 6/2134, VALIYAVILA VATTIYOORKKAVU VILLAGE, VATTIYOORKKAVU P.O., THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM-695 013. BY ADV. SRI.POOVAPPALLY M.RAMACHANDRAN NAIR RESPONDENT(S): PETITIONER --------------------------------------------- BIJU.R., S/O.RAJAN, AGED 40 YEARS, RESIDING AT 'SOUMYAM', VENKULAM, EDAVA VILLAGE, EDAVA P.O., VARKALA, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM. ADV. SRI.O.V.MANIPRASAD FOR R SRI.SAJU J PANICKER FOR R THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: TR.P(C) NO.256 OF 2011 APPENDIX PETITIONER(S)' EXHIBITS: ANNEXURE-A1 TRUE PHOTOCOPY OF THE PETITION IN O.P. NO.1565 OF 2008 ON THE FAMILY COURT, NEDUMANGAD. ANNEXURE-A2 TRUE PHOTOCOPY OF THE PETITION IN O.P. NO.665 OF 2009 OF THE FAMILY COURT, NEDUMANGAD. ANNEXURE-A3 TRUE PHOTOCOPY OF THE AFFIDAVIT DATED 4.3.2011 IN O.P. NO.665 OF 2009. RESPONDENT(S)' EXHIBITS: NIL TRUE COPY P.S. TO JUDGE THOMAS P.JOSEPH, J. ==================================== Tr.P(C) No.256 of 2011 ==================================== Dated this the 06th day of September, 2011 O R D E R Respondent is served. 2. This petition is for transfer of O.P. No.656 of 2009 from the Family Court, Nedumangad to the Family Court, Thiruvananthapuram. That is a petition filed by the respondent- husband for restitution of conjugal rights. Petitioner-wife is residing at Vattiyoorkavu, in Thiruvananthapuram District. It is stated that petitioner finds it difficult to travel all the distance from her place of residence to Nedumangad and contest the case. Since respondent is residing at Edava in Chirayinkeezhu Taluk it will not cause much inconvenience to him also to attend the Family Court, Thiruvananthapuram if the case is transferred to that court. 3. The Supreme Court in Sumitha Singh v. Kumar Sanjay and another (AIR 2002 SC 396) and Arti Rani v. Dharmendra Kumar Gupta ([2008] 9 SCC 353) has stated that while considering request for transfer of matrimonial Tr.P(C) No.256 of 2011 -: 2 :- proceedings convenience of the wife has to be looked into. On hearing counsel for petitioner, I am satisfied that the comparative hardship is more on petitioner if the request for transfer is not allowed. Moreover since it appears that respondent is residing at Edava, in Chirayinkeezhu Taluk it will not cause much inconvenience to him if the case is transferred to the Family Court, Thiruvananthapuram. Hence I am inclined to allow the petition. Resultantly, the Petition is allowed as follows: (a) O.P. No.656 of 2009 pending in the Family Court, Nedumangad is withdrawn from that court and made over to the Family Court, Thiruvananthapuram for trial and disposal. (b) The transferor court while transmitting records of the case to the transferee court shall fix the date for appearance of parties in the transferee court with due intimation to the Tr.P(C) No.256 of 2011 -: 3 :- counsel on both sides. All pending interlocutory applications will stand dismissed. THOMAS P. JOSEPH, JUDGE. vsv