IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 Tr.P(C).No. 17 of 2010() ------------------------ OP.864/2009 of FAMILY COURT,KOZHIKODE .................... PETITIONER ------------------------------ JASEELA, AGED 19 YEARS, D/O.JAMAL, MULAKKATHOTTIYIL HOUSE, OORNGATTIRI, EDAKKATTUPARAMBA, VETTILAPPARA PO, MALAPPURAM DISTRICT. BY ADV. SRI.K.SHIBILI NAHA RESPONDENT(S): --------------- JAFER, AGED 25 YEARS, S/O.SHAMSUDDEEN, SHAHINA MANZIL, KARANTHOOR MARKAZ- PUTHUKODE, KUNNAMANGALAM, KOZHIKODE DISTRICT. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No.17 of 2010 -------------------------------------- Dated this the 6th day of July, 2010. ORDER Respondent is served on this petition but there is no response. 2. Petitioner/wife seeks transfer of O.P. No.864 of 2009 from the Family Court, Kozhikode to Family Court, Malappuram. In the petition it is stated that petitioner has filed M.C.No.985 of 2009 against respondent which is pending consideration in Family Court, Malappuram. It is also stated that petitioner is residing at Vettilappra, far away from Kozhikode and that she is dependent on her aged parents. She finds it difficult to go to Family Court, Kozhikode. 3. It is seen that petitioner is a resident of Vettilappara which is an interior part of Malappuram District. She is aged about 19 years. It will be quite inconvenient for her to go to Kozhikode which is far away to conduct the case. She may have to be accompanied by somebody. It involves further expense. Respondent is a resident of Kunnamangalam in Kozhikode District. The inconvenience to which respondent is put if the case is transferred to Family Court, Malappuram is less than the inconvenience the young lady has to suffer if the case continued at Kozhikode. Having regard to the inconvenience to which petitioner is put and also considering the place of residence of respondent, I am inclined to allow this petition. Tr.P.(C) No.17/2010 2 Resultantly this petition is allowed in the following lines: i. O.P. No.864 of 2009 pending in Family Court, Kozhikode is withdrawn from that court and made over to Family Court, Malappuram. ii. The transferor court shall, while transmitting records of the case to the transferee court fix the date for appearance of parties in the transferee court with due intimation to the counsel on both sides. THOMAS P.JOSEPH, Judge. cks