IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 Tr.P(C).No. 130 of 2011() ------------------------- OP.352/2011 of FAMILY COURT, NEDUMANGAD .................... PETITIONER : --------------------- BUSHRA BEGUM.S., ANWAR MANZIL, MALAPPEROOR MURI, MANJAPPARA.P.O., KOTTUKKEL VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. PIN-691 533. BY ADV. SRI.S.M.ALTHAF RESPONDENT(S): RESPONDENT --------------------------------------------- SHABI.S., S/O.LATE BADARUDEEN, SHABI MANZIL, MARAVAKKUZHI, THATTATHUMALA.P.O., KILIMANOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. PIN-695 614. ADV. SRI. K.SIJU FOR R1 SRI.A.MUHAMMED RAFFI FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------- Tr.P.(C).No.130 of 2011 --------------------------------------- Dated this the 9th day of June, 2011 O R D E R The petitioner is the wife of the respondent. She filed O.P.No.253 of 2011 on the file of the Family Court, Kottarakkara against the respondent for recovery of gold ornaments. The respondent (husband) filed O.P.No.352 of 2011 on the file of the Family Court, Nedumangad for restitution of conjugal rights. Both these cases are pending. 2. The prayer made by the petitioner is to transfer O.P.No.352 of 2011 from the Family Court, Nedumangad to the Family Court, Kottarakkara. 3. It is stated that the Family Court, Kottarakkara is the nearest Family Court for the petitioner. If O.P.No.352 of 2011 is tried before the Family Court, Nedumangad, it is stated that the petitioner would be put to great difficulties. Tr.P.(C) No.130/2011 2 Moreover, it is pointed out that at any rate the respondent has to appear in O.P.No.253 of 2011 on the file of the Family Court, Kottarakkara. It is ideal, if both the cases are tried by the same Family Court. 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. 5. Taking into account the facts and circumstances of the case, I am of the view that it is only just and proper to transfer O.P.No.352 of 2011 to the Family Court, Kottarakkara. Accordingly, the Transfer Petition is allowed. O.P.No.352 of 2011 on the file of the Family Court, Nedumangad shall Tr.P.(C) No.130/2011 3 stand transferred to the Family Court, Kottarakkara. The Family Court, Nedumangad shall transmit the records of the case to the Family Court, Kottarakkara. The parties shall appear before the Family Court, Kottarakkara on 4.7.2011. K.T.SANKARAN JUDGE csl