IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 Tr.P(C).No. 107 of 2011() ------------------------- OP.NO.1065/2010 of FAMILY COURT, KANNUR .................... PETITIONER/RESPONDENT : ----------------------------------------- KAVITHA, AGED 39 YEARS, D/O. VASAVAN.K.K., VASAVA MANDIRAM, NENMANI EAST, MUNROETHURUTHU.P.O., KOLLAM-691502. BY ADV. SRI.P.SIVARAJ RESPONDENT(S): PETITIONER ----------------------------------------- N.RAJEES, AGED 42 YEARS, S/O. NANU, TALIPARAMBA.P.O., TALIPARAMBA AMSOM & TALUK, KANNUR DISTRICT. ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------- Tr.P.(C).No.107 of 2011 --------------------------------------- Dated this the 17th day of June, 2011 O R D E R The petitioner, the wife of the respondent, prays for transfer of O.P.No.1065 of 2010 on the file of the Family Court, Kannur to the Family Court, Kollam, where three cases are pending. 2. O.P.No.380 of 2006 was filed by the petitioner before the Family Court, Kollam against the respondent for compensation. The petitioner also filed M.C.No.333 of 2002 before the Family Court, Kollam against the respondent for maintenance. The respondent filed O.P.No.342 of 2003 before the Family Court, Kollam against the petitioner for divorce. These three cases are pending before the Family Court, Kollam. 3. While so, the respondent filed O.P.No.1065 of Tr.P.(C) No.107/2011 2 2010 before the Family Court, Kannur claiming compensation from the petitioner. The petitioner prays for transfer of that case to the Family Court, Kollam. 4. The petitioner belongs to Kollam. The marriage was solemnised at Kollam. The respondent belongs to Kannur. However, he filed O.P.No.342 of 2003 for divorce in the Family Court, Kollam. It is submitted by the learned counsel for the petitioner that the respondent filed the application for divorce before the Family Court, Kannur and as per the order in a Tr.P.(C), that case was transferred from the Family Court, Kannur to the Family Court, Kollam where it was numbered as O.P.No.342 of 2003. 5. It is stated that the petitioner is not in a position to travel a long distance from Kollam to Kannur to attend the Family Court, Kannur. The petitioner states that she has no job. The respondent is a businessman. The petitioner states Tr.P.(C) No.107/2011 3 that the respondent is a member of the Rotary Club of Kannur. 6. The Supreme Court in Sumita Singh vs. Kumar Sanjay and another (2001 (10) SCC 41), Rajwinder Kaur vs. Balwinder Singh (2003(11) SCC 726) and Mangla Patil Kale vs. Sanjeev Kumar Kale (2003(10) SCC 280) held that the inconvenience caused to the wife, if no transfer is made, should be taken note of. Taking into account the facts and circumstances of the case, the Transfer Petition is allowed. O.P.No.1065 of 2010 pending before the Family Court, Kannur is transferred to the Family Court, Kollam. The Family Court, Kannur shall transmit the records of the case to the Family Court, Kollam. The parties shall appear before the Family Court, Kollam on 11th July, 2011. K.T.SANKARAN JUDGE csl