IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 Tr.P(C).No. 56 of 2009() ------------------------ OP.43/2009 of FAMILY COURT, PALAKKAD .................... PETITIONER/RESPONDENT: -------------------- SARASWETHY, W/O. NARAYANAN KUTTY MENON, ROHINI, POTHANNUR AMSHAM DESHAM, PONNANI TALUK, POLLVAKKARA P.O., BY ADV. SMT.P.K.RADHIKA RESPONDENT(S)/PETITIONER: --------------- M. NARAYANAN KUTTY MENON, S/O. K. RAMAN MENON, AYSWERYA HALL THOTTUPALAM, KENNASERI P.O., PERUMVEMPE VAI PALAKKAD DIST. ADV. SRI.R.SREEHARI SMT.T.D.RAJALAKSHMI THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No.56 of 2009 -------------------------------------- Dated this the 15th day of June, 2010. ORDER This petition is filed by the wife seeking transfer of O.P.No.43 of 2009 from Family Court, Palakkad to the Family Court, Malappuram. That petition was filed by respondent/husband seeking restitution of conjugal rights. Petitioner has filed M.C.No.178 of 2007 in the Family Court, Malappuram claiming maintenance from the respondent. That petition was allowed and its execution is being proceeded with. Petitioner states that she is a resident of Ponnani and that she has to travel a lot to reach Palakkad. According to the learned counsel for respondent distance from Ponnani to Malappuram and Palakkad are equal and hence there is no reason for ordering transfer. 2. It is not correct to say that distance from Ponnani to Malappuram and Palakkad is the same. Palakkad is a more distant place than Malappuram from Ponnani. Ponnani is towards the south-western corner of Malappuram District while Malappuram is towards south-east of Ponnani and Palakkad is further south-east of Malappuram. It is also to be remembered that execution of the order in M.C.No.178 of 2007 is being launched in the Family Court at Malappuram. It will be convenient to the petitioner/wife if the case pending in the Family court at Palakkad is transferred to the Family Court at Malappuram. Considering all these circumstances and in the light of the decision of the Supreme Court in Sumitha Singh v. Kumar Sanjay and another (AIR 2002 SC 396) I am inclined to allow request of the petitioner. Tr.P.(C) No.56/2009 2 Resultantly this petition is allowed in the following lines: i. O.P.No.43 of 2009 pending in Family Court, Palakkad is withdrawn from that court and transferred to Family Court, Malappuram. ii. The transferor court shall, while transmitting records of the case to the transferee court fix the date for appearance of parties in the transferee court with due intimation to the counsel on both sides. I.A.Nos.440 and 3311 of 2009 will stand dismissed. THOMAS P.JOSEPH, Judge. cks