IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933 Tr.P(C).No. 108 of 2011() ------------------------- OP.763/2010 of FAMILY COURT, ALAPPUZHA .................... PETITIONER (S): -------------------- GRITTA JOSEPH, AGED 33 YEARS, W/O. ANTONY THOMAS, RESIDING AT SOUPARNIKA, H. NO. VII/145, DEVATHIYAL, THENHIPALAM, MALAPPURAM DISTRICT - 673 636. BY ADV. SRI.DEEPAK JOY.K. SRI.VIVEK.JOY.K RESPONDENT(S): --------------- ANTONY THOMAS @ SUBIN, AGED 35 YEARS, W/O. THOMAS,PUNNACKAL AILLION SEA VIEW WARD, ALAPPUZHA - 688 011. ADV. SRI.P.SHANES FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------- Tr.P.(C).No.108 of 2011 --------------------------------------- Dated this the 3rd day of June, 2011 O R D E R The petitioner is the wife of the respondent. Their marriage was solemnised on 29.8.2007 at Alappuzha. A child was born in that wedlock who is only 1 1/2 years of age now. 2. The respondent filed O.P.No.763 of 2010 on the file of the Family Court, Alappuzha against the petitioner for restitution of conjugal rights. The prayer in the Transfer Petition is to transfer that case to the Family Court, Malappuram. 3. The petitioner is working in the University of Calicut and she is residing at Thenhipalam in Malappuram District. The respondent is working in Asianet at Alappuzha. The petitioner states that she is not in a position to travel a Tr.P.(C) No.108/2011 2 long distance from Thenhipalam to Alappuzha in order to attend the Family Court, Alappuzha. She is employed in Calicut University and the child is also in her custody. In these circumstances, it would not be possible for her to attend the Family Court, Alappuzha, submits the petitioner. 4. 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. 5. Taking into account the comparative hardship of the petitioner and the respondent, I am of the view that the hardship that would be caused to the petitioner, if the case is not transferred from the Family Court, Alappuzha would be greater than the hardship that would be caused to the Tr.P.(C) No.108/2011 3 respondent if the case is transferred to the Family Court, Malappuram. In the facts and circumstances of the case, the Transfer Petition is allowed. O.P.No.763 of 2010 pending before the Family Court, Alappuzha shall stand transferred to the Family Court, Malappuram. The Family Court, Alappuzha shall transmit the records to the Family Court, Malappuram. The parties shall appear before the Family Court, Malappuram on 27th June, 2011. K.T.SANKARAN JUDGE csl