IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 TR.P(C).NO. 176 OF 2010() ------------------------------------- OPHMA.353/2010 OF FAMILY COURT, THIRUVALLA .................... PETITIONER: -------------------- GIRIJA,AJI BHAVAN,THAMARAKUDI, MYLOM PO, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.V.SUNIL KUMAR (PANACHAMOODU) SRI.JAWAHAR HAMID RESPONDENT(S): -------------------------- MADHU,SIVA VILASOM, MANAKKALA PO, THUVAYOOR NORTH, ERAM, ADOOR, PATHANAMTHITTA DISTRICT. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Tr.P(C) No.176 of 2010 ==================================== Dated this the 16th day of July, 2010 O R D E R This petition is filed by the wife seeking transfer of O.P (HMA) No.353 of 2010 from Family Court, Thiruvalla to Family Court, Kottarakkara. Notice on the petition was served on respondent sufficiently early but there is no response. 2. Grievance of petitioner-wife is that after she filed O.P. No.313 of 2010 in Family Court, Kottarakkara seeking return of gold ornaments and other reliefs respondent-husband has filed O.P (HMA) No.353 of 2010 in Family Court, Thiruvalla for restitution of conjugal rights. It is stated that petitioner is residing in Mylom in Kottarakkara while respondent belongs to Manakkala in Pathanamthitta District. It is stated by learned counsel that to reach Thiruvalla from the residence of petitioner she has to travel about 60 kms whereas Kottarakkara is nearer to the place of residence of husband, distance being 25 kms. 3. 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 stated Tr.P(C) No.176 of 2010 -: 2 :- that while considering request for transfer of matrimonial proceedings convenience of the wife has to be looked into. That of course does not mean that inconvenience of the husband has to be ignored. Having regard to the facts and circumstances of the case and taking into account of the inconvenience the wife has to suffer if the case is continued at the Family Court, Thiruvalla I am inclined to allow this petition. Resultantly, the petition is allowed. O.P(HMA) No.353 of 2010 pending in Family Court, Thiruvalla is withdrawn from that court and transferred to the Family Court, Kottarakkara. The transferor court while transmitting records of the case to the transferee court shall fix date for appearance of the parties in the transferee court with due intimation to counsel for both parties. It is made clear that except when personal appearance of respondent is necessary he can appear through counsel. THOMAS P. JOSEPH, JUDGE. vsv