IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 Tr.P(C).No. 152 of 2010() ------------------------- OP.1171/2009 of FAMILY COURT, ALAPPUZHA .................... PETITIONER: ------------------------------ JESSY, AGED 30 YEARS, D/O.ANTONY, VALIAPARAMBIL HOUSE, NETTOOR P.O., MARADU VILLAGE, PIN-682 404. BY ADV. SRI.N.C.JOSEPH RESPONDENT: --------------- JOCKEY JEFFERSON, S/O.XAVIER, AGED 38 YEARS, MUKKATH HOUSE, AROOR MURI, AROOR VILLAGE, CHERTHALA TALUK. ADV. SRI.SHAJI THANKAPPAN FOR R THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Tr.P(C).No.152 of 2010 --------------------------------------- Dated this 06th day of October, 2010 ORDER This petition is filed by the wife seeking transfer of O.P.No.1171 of 2009 from Family Court, Alapppuzha to Family court, Ernakulam. Petitioner has filed M.C.No.104 of 2010 in Family Court, Ernakulam seeking maintenance from the respondent. Petitioner is a resident of Maradu Village which is nearer to Family Court, Ernakulam. Respondent is a resident of Aroor Village. Learned counsel says that distance from that place to Family Court, Ernakulam is not that much more, than the distance the said place to Alappuzha. Learned counsel states that petitioner's father is old and sick and he is not able to accompany petitioner to Family Court, Alappuzha. 2. 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 request for transfer in matrimonial proceedings convenience of the wife has to be looked into. It is not disputed that M.C.No.104 of 2010 filed by petitioner is pending in Family Court, Ernakulam. In Tr.P(C).No.152 of 2010 : 2 : connection with that case respondent has to appear in that court. It is appropriate and convenient for both the parties if the cases are tried and disposed of by the same court. Respondent is residing in Aroor Village in Alappuzha Taluk which boarders Ernakulam District and hence transfer of the case to Family Court, Ernakulam will not cause that much inconvenience to the respondent . Hence I am inclined to allow this petition. Resultantly this petition is allowed in the following lines: (i) O.P.No.1171 of 2009 pending in Family Court, Alappuzha is withdrawn from that court and made over to Family court, Ernakulam. (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. (THOMAS P JOSEPH, JUDGE) Sbna/-