IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 Tr.P(C).No. 320 of 2011() ------------------------- OP.701/2011 of FAMILY COURT, MALAPPURAM .................... PETITIONER: ------------------------------ SHEEBA, W/O.MURALI, AGED 32 YEARS, MANAMAL, KOTHAMANGALAM, KOYILANDY P.O., KOZHIKODE. BY ADV. SRI.SANTHARAM.P SMT.REKHA ARAVIND RESPONDENT/PETITIONER: ------------------------- MURALI @ MADATHIL MURALEEDHARAN, S/O.KORU, AGED 37 YEARS, MOORKKANADU POST, PERINTHALMANNA TALUK, MALAPPURAM DIST. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.P(C).No. 320 of 2011 APPENDIX PETITIONER(S) EXHIBITS ANNEXURE 1- TRUE COPY OF THE O.P.NO.701/2011 FILED BEFORE THE FAMILY COURT, MALAPPURAM. ANNEXURE 2- TRUE COPY OF THE M.C.NO.140/2011 FILED BEFORE THE FAMILY COURT, VATAKARA. RESPONDENTS' EXHIBITS : NIL /True Copy/ P.A to Judge THOMAS P. JOSEPH, J. ---------------------------------------- Tr.P(C).No.320 of 2011 --------------------------------------- Dated this 11th day of November, 2011 ORDER This petition is filed by the wife seeking transfer of O.P.No.701 of 2011 from the Family Court, Malappuram to the Family Court, Vatakara. It is stated that petitioner, aged 32 years is residing at Kothamangalam near Koyilandy, in Kozhikode district and that she has to travel more than 80kms to reach Malappuram to contest the case. It is also stated that petitioner has to look after her two children. She has filed M.C.No.140 of 2011 claiming maintenance in the Family Court, Vatakara. Hence the request for transfer. 2. It is seen that M.C.No.140 of 2011 filed by the petitioner is pending in the Family Court, Vatakara. Respondent has to appear in that Court to contest the said proceeding. Respondent has not requested for transfer of the said proceeding on any ground whatsoever. The Supreme Court in Sumitha Singh Vs. Sanjay Kumar & Another (AIR 2002 SC 396) and Arti Rani Lrs. Pinki Devi and Another Vs. Darmendra Kumar Gupta (2008(9) SCC 353) has stated that while considering the request for transfer in matrimonial proceedings Tr.P(C).No.320 of 2011 -: 2 :- convenience of the wife has to be looked into. Since petitioner aged about 32 years has to travel the long distance of 80kms, I am inclined to think that comparative hardship is more on her if the request for transfer is not allowed. Having regard to the circumstances stated, I am inclined to think that both the cases are to be tried in the Family Court, Vatakara. Resultantly this petition is allowed as follows: (i) O.P.No.701 of 2011 pending in the Family Court, Malappuram is withdrawn from that court and made over to the Family Court, Vatakara. (ii) The transferor court shall transmit records of the case to the transferee court with due intimation to the counsel on both sides as to the date of appearance in the transferee court. (iii) It is made clear that except when the physical presence of respondent is necessary it is open to him to appear through counsel in the transferee court. (iv) The Family Court, Vatakara is directed to post all the cases between petitioner and the respondent and pending in that Court, as far as possible on the same dates. Sd/- (THOMAS P. JOSEPH, JUDGE) Sbna/-