IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933 Tr.P(C).No. 342 of 2010() ------------------------- OP.590/2010 of FAMILY COURT,THRISSUR .................... PETITIONER : ------------------- NISHA BABU, AGED 27 YEARS, D/O.BABU, RESIDING AT THEKKEAKALEECKAL HOUSE, ELAMPALLIL MURI, PAYYANNOOR P.O., PALLICKAL VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI. K.SHAJ SRI.K.N.RADHAKRISHNAN(THIRUVALLA) SRI.SAJJU.S RESPONDENT(S): --------------- DR.SHAJEEV, AGED 36 YEARS, S/O.MADHAVAN VAIDHYAN, MELEAPURACKAL HOUSE, KANDANASERRY DESOM, KANDANASERRY P.O., THALAPPALLY TALUK. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------- Tr.P.(C).No.342 of 2010 --------------------------------------- Dated this the 6th day of April, 2011 O R D E R The petitioner is the wife of the respondent. The marriage was solemnised at Thrissur within the jurisdiction of the Family Court, Thrissur. The petitioner is an Ayurvedic Physician practising at Thiruvalla. Respondent is also an Ayurvedic Physician belonging to Kandanaserry, near Guruvayoor. The respondent husband filed O.P.No.590 of 2010 before the Family Court, Thrissur against the petitioner for divorce. The prayer in this Transfer Petition is to transfer that case to the Family Court, Thiruvalla. 2. It is stated by the petitioner wife that she is not in a position to travel from Thiruvalla to Thrissur and attend the Family Court, Thrissur. It is stated that the petitioner has no friends or relatives at Thrissur. Tr.P.(C) No.342/2010 2 3. Though the respondent was served with notice, there is no appearance for the respondent. 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. Taking into account the facts and circumstances of the case, the Transfer Petition is allowed. O.P.No.590 of 2010 pending before the Family Court, Thrissur shall stand transferred to the Family Court, Thiruvalla. The Family Court, Thrissur shall transmit the records of the case to the Family Court, Thiruvalla. K.T.SANKARAN JUDGE csl