IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 8TH APRIL 2011 / 18TH CHAITHRA 1933 Tr.P(C).No. 31 of 2011() ------------------------ OP.414/2010 of FAMILY COURT, KASARAGOD .................... TRANSFER PETITIONER/RESPONDENT: --------------------------------------------------- C.BINDU, AGED 29 YEARS, D/O.DAMODARAN, CHETTAYIL HOUSE, EACHILAMVAYAL, P.O.VELLUR, KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENT(S): PETITIONER: ------------------------------------------ K.RAMACHANDRAN, AGED 40 YEARS, S/O.LATE K.KRISHNAN, KOZHIPPADI, P.O.KUMBALA, KASARAGOD DISTRICT 671 321. ADV. SRI.D.KRISHNA PRASAD FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------- Tr.P.(C).No.31 of 2011 --------------------------------------- Dated this the 8th day of April, 2011 ORDER The petitioner, the wife of the respondent, prays for transfer of O.P.No.414 of 2010 pending before the Family Court, Kasaragod to the Family Court, Kannur. 2. The petitioner belongs to Kannur and the respondent belongs to Kumbala, Kasaragod. The respondent filed O.P.No.414 of 2010 before the Family Court, Kasaragod against the petitioner for divorce. It is stated that the petitioner had filed M.C.No.423 of 2005 before the Family Court, Kannur. The M.C. was allowed and maintenance at the rate of ` 750/- per month was ordered. It is stated that the respondent defaulted payment of maintenance from 2009 onwards. TPC 31/2011 2 3. It is stated that the petitioner is not in a position to travel a long distance from Kannur to Kasaragod in order to attend the Family Court, Kasaragod. On the other hand, if the case is transferred to the Family Court, Kannur, the comparative hardship that would be caused to the respondent would be minimal when compared to that of 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 facts and circumstances of the case, O.P.No.414 of 2010 pending before the Family Court, Kasaragod is transferred to the Family Court, Kannur. The Family Court, Kannur need not insist for the personal TPC 31/2011 3 appearance of the respondent on the dates on which his presence is not absolutely required. Parties shall appear before the family Court, Kannur on 30th May, 2011. The Transfer Petition is allowed as above. K.T.SANKARAN JUDGE csl