IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 Tr.P(C).No. 215 of 2011() ------------------------------------ OP(G&W)NO .803/2011 of FAMILY COURT,KOLLAM .................... PETITIONER ------------------- RESMI @ RASIA, QUARTERS NO.1290/C, RAILWAY QUARTERS, ARISTO JUNCTION, THAMPANOOR, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENT(S): --------------------------- HAARIS IQBAL, S/O.IQBAL, HAARIS MANZIL, CHAVARA BRIDGE.P.O., KOLLAM DISTRICT. PIN-691 001. BY ADV. SRI.K.ABDUL JAWAD THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No.215 of 2011 -------------------------------------- Dated this the 8th day of August, 2011. ORDER This petition is filed by the wife seeking transfer of O.P.(GW) No.803 of 2011 from Family Court, Kollam to Family Court, Thiruvananthapuram. That petition is filed by the respondent husband seeking custody of the minor child. According to the petitioner, she is residing at Thampanoor, in Thiruvananthapuram District and finds it difficult to travel all the distance from that place to Kollam. Respondent appeared through counsel and opposed the prayer for transfer. It is contended that respondent is threatened from entering Thiruvananthapuram and if he goes to Family Court, Thiruvananthapuram, his life will be in danger. 2. The Supreme Court in Sumitha Singh v. Kumar Sanjay and another (AIR 2002 SC 396) and Arti Rani v. Dharmendra Kumar Gupta [(2008) 9 SCC 353] has held that while considering request for transfer of matrimonial proceedings convenience of the wife has to be looked into. True that does not mean that inconvenience if any of the opposite party need not be considered. 3. It is seen that petitioner wife is aged 24 years and staying at Thampanoor, in Thiruvananthapuram. If the case continued to be at Kollam, the young lady has to travel all the distance from Thiruvananthapuram. She may Tr.P.(C) No.215/2011 2 have to be accompanied by somebody which involves expense also. The apprehension of the respondent can be allayed by directing that he need appear in Family Court, Thiruvananthapuram only when his physical presence is required. In the circumstances I am inclined to allow the request. Resultantly this petition is allowed as follows: (i) O.P.(GW) No.803 of 2011 pending in Family Court, Kollam is withdrawn from that court and transferred to Family Court, Thiruvananthapuram for trial and disposal. (ii) The transferor court while transmitting records of the case to the transferee court shall fix date for appearance of parties in the transferee court with due intimation to the counsel for both parties. (iii) Respondent can appear in the transferee court through counsel except when his physical presence is required. All pending interlocutory applications will stand dismissed. THOMAS P.JOSEPH, Judge. cks