IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 Tr.P(C).No. 10 of 2010() ------------------------ AGAINST THE ORDER IN MC 328/2009 IN OP(HMA).1038/2009 of FAMILY COURT, THIRUVALLA .................... PETITIONER: ------------------------------- JALAJA, D/O.CHANDRAMATHY AMMA MURINGAPATT VADAKKATHIL VEEDU MALOOR MURI, PATAZHI VADAKKEKARA VILLAGE PATHANAPURAM,KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT: --------------- JAYAKUMAR, S/O.THULASEEDHARAN PILLAI THADATHIL VEEDU, ELIYARACKAL KONNI PO, PATHANAMTHITTA DISTRICT. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Tr.P.(C).No. 10 of 2010 --------------------------------------- Dated this 07th day of July, 2010 ORDER Notice issued to the respondent is returned with the endorsement that it is unclaimed. Notice was also served on counsel for respondent in the court below and petitioner has filed a memo to that effect. Service of notice on counsel is sufficient service in view of Rule 59 of the Rules of High Court of Kerala, 1971. Thus there is sufficient service on respondent. 2. Petitioner/wife seeks transfer of O.P(HMA). No.1038 of 2009 from Family Court, Thiruvalla to Family Court, Kottarakara. That petition is filed by respondent/husband for restitution of conjugal rights. Petitioner has filed M.C.No.328 of 2004 in Family Court, Kottarakara seeking maintenance from the respondent. It is stated that petitioner is a resident of Maloor Muri which is an interior part of Kollam District while respondent belongs to Konni. Learned counsel states that petitioner has to travel a lot from her place of residence to reach Family Court, Thiruvalla. It is also stated that petitioner has to meet heavy expenses for the said purpose. The Supreme Court in Sumitha Singh Vs. Sanjay Kumar & Another (AIR 2002 SC 396) and Arti Rani Lrs. Tr.P.C.No.10 of 2010 : 2 : Pinki Devi and Another Vs. Darmendra Kumar Gupta (2008 (9) SCC 353) has stated that while considering request for transfer in matrimonial proceedings convenience of the wife has to be looked into. Petitioner has to travel about 75km by three buses to reach Family Court at Thiruvalla. Having regard to the facts and circumstances of the case I am inclined to allow the petition since otherwise it will cause much inconvenience to the petitioner/wife. In the result petition is allowed. O.P(HMA).No.1038 of 2009 pending in Family Court, Thiruvalla is withdrawn from that court and transferred to Family Court, Kottarakara. The transferor court shall transmit records of the case to the transferee court with due intimation to the counsel on both sides as to the date of appearance in the transferee court. (THOMAS P JOSEPH, JUDGE) Sbna/-