IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 Tr.P(C).No. 213 of 2011() ------------------------------- OP.78/2011 of FAMILY COURT, THIRUVALLA .................... PETITIONER: ---------------- G.SAJEEVAN, S/O.P.R.RAJAPPAN, AGED 40 YEARS, SAROVARAM, IRON BRIDGE P.O., ALAPUZHA-688011. BY ADV. SRI.P.V.BABY RESPONDENT(S): --------------------- ANILA S.PANICKER, ANIL SADANAM, ELAVUMTHITTA MURI, MEZHUVELI VILLAGE, PATHANAMTHITTA DISTRICT, PRESENTLY WORKING AS HSA (PHYSICAL SCIENCE), KALLADI HIGHER SECONDARY SCHOOL, KALLADI COLLEGE P.O., VIA MANNARKAD, PALAKKAD DISTRICT-679582. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2011, ALONG WITH TPC.NO.214/2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs TPC. NO.213/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1:COPY OF THE PETITION DATED 17/01/2011 ALONG WITH THE SUMMONS RECEIVED BY THE PETITIONER FROM THE FAMILY COURT,THIRUVALLA. ANNEXURE A2:COPY OF THE PETITION DATED 27/01/2011 ALONG WITH THW SUMMONS RECEIVED FROM THE FAMILY COURT, THIRUVALLA BY THE PETITITONER'S MOTHER. ANNEXURE A3:COPY OF THE RATION CARD DATED 24/12/2008 ISSUED IN THE NAME OF THE FATHER OF THE PETITIONER. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P JOSEPH, J. ---------------------------------------- Tr.P(C).Nos.213 and 214 of 2011 --------------------------------------- Dated this 08th day of July, 2011 ORDER These petitions are filed for transfer of O.P.Nos.57 of 2011 and 78 of 2011 of Family Court, Thiruvalla to the Family Court, Alappuzha. Respondent, wife of petitioner filed the said cases, former for divorce and latter for return of ornaments, money etc. In the latter case, the aged parents of petitioner are also made parties. Petitioner states that it will be convenient for both the parties if the cases are transferred to Family Court, Alappuzha. It is stated that though respondent is a permanent resident of Elavumthitta, in Pathanamthitta District, she is presently working near Mannarkad, in Palakkad District. Hence she has no difficulty to come to Family Court, Alappuzha. Alternatively, it is prayed that physical presence of the parents of petitioner herein in O.P.No.78 of 2011 may be dispensed with. 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 Tr.P(C).Nos.213 and 214 of 2011 -: 2 :- to be looked into. It is seen that respondent/wife is a permanent resident of Elavumthitta, in Pathanamthitta District and she is working near Mannakad, in Palakkad District. There can be no doubt that so far as respondent is concerned, Thiruvalla is more nearer to her place of residence. Even if she is working at Mannarkad, since Family Court, Thiruvalla is nearer to her residence, that Court is more convenient to her. It is not as if petitioner could not travel up to Thiruvalla and contest the case. Hence request for transfer cannot be allowed. But it is open to the parents of petitioner who are respondents in O.P.No.78 of 2011 to appear through counsel except when their physical presence is required. Resultantly these transfer petitions are dismissed. But, it is directed that physical presence of the parents of petitioner (respondents in O.P.No.78 of 2011 of Family Court, Thiruvalla) is dispensed with except when their physical presence is required. On other occasions they can appear through counsel. (THOMAS P JOSEPH, JUDGE) Sbna/-