IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 TR.P(C).NO. 77 OF 2010() ------------------------------------- OPGW.589/2009 OF FAMILY COURT,KOLLAM .................... PETITIONER: ------------------- ZEENATH BEEVI, AGED 26 YEARS, D/O.NOOHUKANNU, P.V.HOUSE, NEAR POLICE STATION, VIZHINJAM P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.SHANAVAS.S SRI.SALIM V.S. RESPONDENT(S): -------------------------- DILIPKHAN, S/O.SHAHUL HAMEED, RESIDING AT VINOD MANZIL, VALATHUNGAL P.O., KOLLAM DISTRICT. ADV. SRI.C.RAJENDRAN THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Tr.P(C) No.77 of 2010 ==================================== Dated this the 4th day of June, 2010 O R D E R Respondent/husband has filed O.P.(G.W.) No.589 of 2009 against petitioner/wife in the Family Court, Kollam seeking custody of his minor child. Petitioner is a resident of Vizhinjam in Trivandrum District while respondent belongs to Valathungal in Kollam District. Petitioner prays that the case may be transferred to Family Court, Trivandrum considering the long distance she has to travel. Learned counsel for respondent contends that petitioner has already filed counter statement in O.P(G.W.) No.589 of 2009 and what remains is only recording of evidence and hence it is not necessary at this stage to transfer the case to any other court. 2. It is not disputed that petitioner is residing at Vizhinjam. In connection with the case she has to go to the Family Court at Kollam. Though case is ripe for trial since the case is for custody of child petitioner may have to carry the child aged 3 years also to the Family Court, Kollam. On the other hand respondent is a resident of Valathungal in Kollam District and it is not disputed that he is now working in the Airport at Trivandrum. Tr.P(C) No.77 of 2010 -: 2 :- Therefore transfer of case to the Family Court, Trivandrum from Family Court, Kollam will not cause inconvenience to the respondent. Having regard to the inconvenience of petitioner stated by learned counsel I am inclined to allow this petition. Resultantly, this petition is allowed. O.P. (G.W.) No.589 of 2009 pending in the Family Court, Kollam is withdrawn from that court and transferred to the Family Court, Trivandrum for disposal. I direct Family Court, Trivandrum to expedite the trial and disposal of the case. The transferor court while transmitting the records of the case to the transferee court shall fix date for appearance in the transferee court with due notice to counsel on both sides. THOMAS P. JOSEPH, JUDGE. vsv