IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 Tr.P(C).No. 119 of 2011() ------------------------- OP.1354/2010 of FAMILY COURT,TRIVANDRUM .................... PETITIONER : --------------------- LINSA MATHEW, D/O. C.Y.MATHEW, AGED 27 YEARS, VILAYIL KOCHU PUTHEN VEEDU, MUTTARA P.O., ODANAVATTAM VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.RAM MOHAN.G. SRI.G.P.SHINOD SRI.MANU V. RESPONDENT(S): --------------- MANU KOSHY, S/O. K.G.KOSHY, AGED 35 YRS, POOCHEDIVILA, TC NO.25/561, PLAMOODU, PATTOM, THIRUVANANTHAPURAM, PIN 695 004. ADV. SRI.BASANT BALAJI FOR R1 SRI.R.GOPAN FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: TPC 119/2011 APPENDIX PETITIONER'S DOCUMENTS : ANNEXURE A : COPY OF THE PETITION FILED BY THE RESPONDENT AS O.P.NO.1354/2010 BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM. ANNEXURE B: COPY OF PETITION FILED BY THE PETITIONER AS O.P.NO.179/2011 BEFORE THE FAMILY COURT, KOTTARAKKARA. ANNEXURE C: COPY OF O.P.NO.254 OF 2011 BEFORE THE FAMILY COURT, KOTTARAKKARA. RESPONDENT'S DOCUMENTS : NIL //TRUE COPY// P.A. TO JUDGE K.T.SANKARAN, J. -------------------------------------- Tr.P.(C).No.119 of 2011 --------------------------------------- Dated this the 22nd day of June, 2011 O R D E R The petitioner, who is the wife of the respondent, filed O.P.No.179 of 2011 on the file of the Family Court, Kottarakkara against the respondent for divorce. She also filed O.P.No.254 of 2011 before the Family Court, Kottarakkara for recovery of gold ornaments and money from the respondent and his parents. The respondent (husband) filed O.P.No.1354 of 2010 before the Family Court, Thiruvananthapuram for restitution of conjugal rights. All the three cases are pending. The prayer made by the petitioner is to transfer O.P.No.1354 of 2010 from the Family Court, Thiruvananthapuram to the Family Court, Kottarakkara. 2. There is no dispute that the two cases are pending before the Family Court, Kottarakkara. The petitioner belongs to Kottarakkara. The respondent belongs to Tr.P.(C) No.119/2011 2 Thiruvananthapuram. The petitioner is unemployed. It is submitted that the petitioner would be put to great hardship, if O.P.No.1354 of 2010 is tried before the Family Court, Thiruvananthapuram. 3. 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. 4. Taking into account the facts and circumstances of the case and the hardship that would be caused to the petitioner, if the case is not transferred to the Family Court, Kottarakkara and the hardship that would be caused to the respondent, if the case is transferred from the Family Court, Thiruvananthapuram to the Family Court, Kottarakkara, I am of the view that the hardship that would be caused to the petitioner would be greater than the Tr.P.(C) No.119/2011 3 hardship that would be caused to the respondent. For the aforesaid reasons, the Transfer Petition is allowed. O.P.No.1354 of 2010 pending before the Family Court, Thiruvananthapuram shall stand transferred to the Family Court, Kottarakkara. The Family Court, Thiruvananthapuram shall transmit the records of the case to the Family Court, Kottarakkara. The parties shall appear before the Family court, Kottarakkara on 25th July, 2011. K.T.SANKARAN JUDGE csl