IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 Tr.P(C).No. 174 of 2008() ------------------------- OP NO.643/2007 of FAMILY COURT,TRIVANDRUM .................... PETITIONER : ---------------------- ANU GEORGE, AGED 31 YEARS, D/O.LATE GEORGE K.SEBASTIAN, NOW WORKING AS ASSOCIATE S.Q.A., NEST, THIRUVANANTHAPURAM, KAVALAM HOUSE, 11/916E, BEHIND CEPZ, KAKKANADU, ERNAKULAM DISTRICT. BY ADV. SRI.JOY GEORGE SMT.PRAICY JOSEPH RESPONDENT(S): --------------- DAVID THARAKAN, S/O.K.T.RAJAN THARAKAN, AGED 33 YEARS, CHRISTIAN, RESIDING AT KALLARAKKAL HOUSE, NO.5, ASWATHY GARDENS, AMBALATHARA, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM. ADV. SRI.G.S.REGHUNATH FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2009, ALONG WITH TPC NO. 175 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Tr.P.(C).No.174 of 2008 & Tr.P.(C).No.175 of 2008 --------------------------------------------- Dated this the 18th day of March, 2009 ORDER These Transfer Petitions are filed by the wife of the first respondent seeking transfer of O.P.No.643 of 2007 and O.P.No.907 of 2007 pending before the Family Court, Thiruvananthapuram to the Family Court, Ernakulam. O.P.No.643 of 2007 was filed by the wife for divorce. O.P.No.907 of 2007 was filed by her for return of money and ornaments. In that case, apart from the husband, her father-in- law and mother-in-law are parties. Both these cases are pending before the Family Court, Thiruvananthapuram. 2. The wife belongs to Changanassery. The husband belongs to Thiruvananthapuram. The marriage between the parties was solemnised in 2004 at Changanassery. It is stated that the petitioner wife was working in NEST at Thiruvananthapuram and now, she is transferred to their office at Kakkanadu, Ernakulam. The respondent husband is working TPC Nos.174 & 175 of 2008 2 as a dental surgeon in the Medical College Hospital, Kottayam. 3. The wife submits that her father died about ten years ago and it would be difficult for her to travel to Thiruvananthapuram and to attend the Family Court there. It is also submitted by her that she is working in a highly competitive field and there is threat of losing the job in case some lapse occurs on the part of the employees. If she were to take leave for one or two days that may result in loss of the job. The Transfer Petitions are seriously opposed by the respondent. He contended that the wife herself chose to file the petitions before the Family Court, Thiruvananthapuram. The Forum was chosen by her and therefore, she cannot now turn round and say that the cases should be transferred to Ernakulam. 4. I have considered the rival submissions made by the parties. The petitioner is working at Ernakulam and the respondent is working at Kottayam. The petitioner belongs to Changanassery near Kottayam. The respondent husband has residence at Kottayam. His parents come and stay with him at Kottayam. Taking into account all the relevant facts and circumstances, I am of the view that it would be ideal for both TPC Nos.174 & 175 of 2008 3 parties, if the cases are transferred to the Family Court, Kottayam. Nobody would be highly prejudiced, if the cases are transferred to the Family Court, Kottayam and both parties would stand to benefit by such transfer. In terms of pendency of cases also, the parties can aspire for early disposal of the cases, if the cases are transferred to the Family Court, Kottayam. Therefore, the Transfer Petitions are partly allowed. O.P.No.643 of 2007 and 907 of 2007 pending before the Family Court, Thiruvananthapuram shall stand transferred to the Family Court, Kottayam. It is made clear that the parties would be entitled to apply before the Family Court, Kottayam, to dispense with their personal appearance and pray for their appearance only when it is absolutely necessary. If such application is filed, the Family Court shall consider the same on the merits. The Registry shall send copy of the judgment to the Family Court, Thiruvananthapuram and to the Family Court, Kottayam. K.T.SANKARAN, JUDGE csl