IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 Tr.P(C).No. 312 of 2011() ------------------------------ O.P. NO.105/2010 OF THE FAMILY COURT, PALAKKAD ............. PETITIONER --------------- DR.RASHMI PALATT, AGED 30 YEARS, D/O.SUKUMARAN, SREEPADMAM, RAMAVARMAPURAM, TRICHUR NOW RESIDING AT FLAT NO.11B, NATIONAL NANDANAM, PALACE ROAD, EDAPPALLY P.O., KOCHI-682 024. BY ADV. SRI.T.M.RAMAN KARTHA RESPONDENT(S): --------------------- DR.RAJESHKRISHNAN, AGED 35 YEARS, S/O.T.V.KRISHNAN, THAREKKADU, VINAYAGANAGAR, PALAKKAD II VILLAGE, PALAKKAD - 678 001. R-1 BY ADV. SRI.K.MOHANAKANNAN THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs TPC. NO. 312/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE I: COPY OF THE PETITION IN O.P. NO.226/2009 DATED 25/03/2009 FILED BY THE RESPONDENT. ANNEXURE II: COPY OF THE PETITION IN O.P. NO.105/2010 DATED 05/02/2010 FILED BY THE RESPONDENT. ANNEXURE III: COPY OF THE OBJECTION IN O.P. NO.105/2010 DATED 08/07/2011. ANNEXURE IV:COPY OF THE MBBS DEGREE CERTIFICATE OF THE PETITIONER DATED 12/07/2006. ANNEXURE V:COPY OF THE COURSE CUM CONDUCT CERTIFICATE DATED 17/06/2011 ISSUED TO THE PETITIONER FROM THE PSG MEDICAL COLLEGE, COIMBATORE. ANNEXURE VI:COPY OF THE OUT PATIENT CARD ISSUED BY THE AMRITA INSTITUTE OF MEDICAL SCIENCE, ERNAKULAM DATED 30/08/2011. ANNEXURE VII:COPY OF THE PSYCHOLOGICAL ASSESSMENT REPORT DATED 17/09/201 ISSUED BY DR.C.B.BINU. ANNEXURE VIII:COPY OF THE RENTAL AGREEMENT DATED 30/08/2011. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No.312 of 2011 -------------------------------------- Dated this the 20th day of October, 2011. ORDER Respondent appears through counsel. It is submitted by the learned counsel that though the various allegations made in the transfer petition are disputed, respondent has no objection in allowing the request for transfer. 2. In considering the request for transfer, it is not necessary for me to go into the correctness or otherwise of various allegations made in this petition concerning the relationship between the parties. 3. Respondent has filed O.P.No.105 of 2010 in the Family Court, Palakkad for custody of his minor child. According to the petitioner, at the time that petition was filed she was staying at Thrissur and studying in the PSG Medical College, Coimbatore. Now that she has completed her education, she has come back to Edappally, Ernakulam where she is staying with the minor child. It is stated that the minor child is undergoing treatment at Amrutha Hospital which is just 6 kms. away from her place of residence. Petitioner finds it difficult to travel the long distance from her place of residence at Edappally to Palakkad along with the child in the above circumstances. Hence the request for transfer. OP(C)No.312/2011 2 4. 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 held that while considering the request for transfer of matrimonial proceedings convenience of the wife has to be looked into. 5. Having heard counsel on both sides I am inclined to think that the convenience of petitioner and the child requires transfer of the case from Family Court, Palakkad to the Family Court, Ernakulam. The inconvenience that may be caused to the respondent could be reduced by directing that he need appear in the Family Court, Ernakulam only when his physical presence is required. I am inclined to allow the request for transfer. Resultantly this petition is allowed as follows: (i) O.P.No.105 of 2010 pending in Family Court, Palakkad is withdrawn from that court and transferred to the Family Court, Ernakulam for trial and disposal. (ii) 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 counsel for both parties. OP(C)No.312/2011 3 (iii) Respondent can appear in the transferee court through counsel except when his physical presence is required. I.A.No.2116 of 2011 will stand dismissed. THOMAS P.JOSEPH, Judge. cks