IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 Tr.P(C).No. 264 of 2010() ------------------------- OP(GW&.)711/2010 of FAMILY COURT, KOTTARAKKARA .................... PETITIONER ------------------------------ LIJI JOHN, AGED 26 YEARS, W/O.REJI D.THOMAS, CHARIVUPARAMPIL PUTTEN VEETTIL - VATTAPPARA HOUSE, VAKAYAR P.O.,KULATHINKAL, KONNI - MANGARAM MURI, KONNI VILLAGE, KOZHENCHERRY TALUK PATHANAMTHITTA DISTRICT. BY ADV. SRI. K.SHAJ SRI.SAJJU.S SMT.C.R.SMITHA RESPONDENT(S): --------------- REJI D.THOMAS, S/O.DEVASYA THOMAS, CHRISTIAN,COMPANY EMPLOYEE, AGED 40 YEARS, RESIDING AT VAYALAMANNIL HOUSE,BHARATHIPURAM P.O., PAZHAYAEROOR MURI, EROOR VILLAGE, PATHANAPURAM TALUK,KOLLAM DISTRICT. ADV. SRI.R.SURAJ KUMAR SRI.N.AJITH THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/10/2010, ALONG WITH TR.P(C) NO.265/2010 & W\266/2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) Nos.264, 265 & 266 of 2010 -------------------------------------- Dated this the 7th day of October, 2010. ORDER These petitions are for transfer of matrimonial proceedings pending in Family Court, Kottarakkara to Family Court, Thiruvalla. Petitioner/wife is a resident of Konni Village, in Pathanamthitta District while respondent/husband is residing near Anchal, in Pathanapuram Taluk, Kollam District. O.P.(G&W) No.711 of 2010 is a petition filed by respondent/husband in Family Court, Kottarakkara for custody of the child aged five years. Petitioner/wife filed O.P.No.342 of 2010 in the same court against respondent/husband and his father for recovery of patrimony and other reliefs. O.P.(DA) No.726 of 2010 is a petition for divorce filed by petitioner/wife, also in the same court. Learned counsel for petitioner/wife states that travelling distance from the residence of petitioner to Pathanamthita where Family Court, Thiruvalla has camp sitting is only 8 (eight) kms. while she has to travel a long distance to Family Court, Kottarakkara. It is pointed out that if the cases are transferred to Family Court, Thiruvalla and the same are taken up in the camp court at Pathanamthitta, respondent need travel only about 15 kms. more that the distance he has to travel from his place of residence to Family Court, Kottarakkara. Learned counsel for respondent contended that there is no ground to transfer the cases to Family Court, Thiruvalla. Tr.P.(C) Nos.264, 265 & 266/2010 2 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 stated 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 husband need not be considered. On hearing learned counsel on both sides it is seen that Pathanamthitta is closer to the residence of petitioner/wife while if the cases are transferred to Family Court, Thiruvalla and are taken up in the camp court at Pathanamthitta, inconvenience of respondent/husband is only to the extent of travelling a further distance of about 15 kms. from his place of residence. If the cases continued at Kottarakkara, petitioner has to travel a longer distance. She may have to be accompanied by some relative of her. That involves much expense also. Having regard to the comparative hardship I am inclined to think that the hardship of petitioner/wife if the request is not allowed outweighs the inconvenience that may be caused to the respondent/husband if the request is allowed. Considering all relevant aspects of the matter, I am inclined to allow these petitions. Resultantly these petitions are allowed in the following lines: i. .O.P.(G&W) No.711 of 2010, O.P.No.342 of 2010 and O.P.(DA) No.726 of 2010 of Family Court, Kottarakkara are withdrawn from that court and made over to Family Court, Thiruvalla for trial and disposal. Tr.P.(C) Nos.264, 265 & 266/2010 3 ii. It is open to the parties or any of them to request the Presiding Officer of Family Court, Thiruvalla to post all the cases at the camp court a Pathanamthitta and if any such request is made, the Family Court, Thiruvalla shall pass appropriate orders after hearing both sides. iii. The transferor court shall, while transmitting records of the cases to the transferee court fix date for appearance of parties in the transferee court with due intimation to the counsel on both sides. iv. Presiding Officer of the transferee court shall ensure that as far as possible all the cases are posted on the same dates. I.A.No.2178 of 2010 in Tr.P.(C) No.264 of 2010, I.A.No.2179 of 2010 in Tr.P.(C) No.265 of 2010 and I.A.No.2180 of 2010 in Tr.P.(C) No.266 of 2010 will stand dismissed. THOMAS P.JOSEPH, Judge. cks