IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 Tr.P(C).No. 67 of 2010() ------------------------ OP.43/2010 of FAMILY COURT,ERNAKULAM .................... PETITIONER/IST RESPONDENT --------------------------------------------- SMT.MAYA, AGED 27 YEARS, D/O.PARAMESWARAN, VELIYAMKUNNEL HOUSE, UDUMPANNOOR P.O., IDUKKI DISTRICT. BY ADV. SRI.T.V.GEORGE SRI.JIMMY GEORGE (THADATHIL) RESPONDENTS/PETITIONER/2nd RESPONDENT: ------------------------- 1. PRATHEESH, AGED 30 YEARS, S/O.LATE C.K.PADMAKSHAN, CHERAPURATH HOUSE, MARADU P.O., ERNAKULAM DISTRICT. 2. SREENIVASAN, AGED 45 YEARS, VELIYAMKUNNEL HOUSE, UDUMPANNOOR P.O., IDUKKI DISTRICT. ADV. SRI.T.M.RAMAN KARTHA FOR R1 SMT.MANJU R.KARTHA FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Tr.P.(C).No. 67 of 2010 --------------------------------------- Dated this 07th day of July, 2010 ORDER Petitioner/wife seeks transfer of O.P(Div.).No.43 of 2010 from Family Court, Ernakulam to Family Court, Thodupuzha. It is stated that petitioner along with her son aged 1 year is now staying in her paternal home at Udumpanoor in an interior part of Thodupuzha Taluk under the care and custody of her parents. Petitioner also apprehends physical violence from the respondent. Apart from that, financial difficulty is also stated by learned counsel as another reason which persuaded her to seek transfer of the case to Family Court at Thodupuzha. 2. It is seen from the address of parties given in the petition that petitioner is a resident of Udumpanoor while respondent is a resident of Maradu in Ernakulam District. 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. Here, considering the traveling distance from Udumpanoor Tr.P.C.No.67 of 2010 : 2 : to Ernakulam I consider that if the case is transferred to Thodupuzha respondent No.1 will not be put to that much inconvenience as petitioner has to suffer if she is called upon to come from Udumpanoor to Ernakulam. On considering all relevant aspects I am of the view that it is only just and proper that the case is transferred to Family Court, Thodupuzha. Resultantly this petition is allowed. O.P(Div.).No.43 of 2010 pending in Family Court, Ernakulam is withdrawn from that court and transferred to Family Court, Thodupuzha. 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/-