IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 Tr.P(C).No. 198 of 2010() ------------------------- OP.665/2010 of FAMILY COURT, KOTTAYAM .................... PETITIONER: -------------------- SOPHIA SAJI, D/O.LATE JOHN PAUL, CHENETHUPARAMBIL HOUSE, MUNDOO DESOM, PO, ANJOOR VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.V.BINOY RAM RESPONDENT: --------------- SAJI JOSEPH, S/O.JOSEPH, KOONANIKKAL HOUSE, KOTTAKAPURAM, ETTUMANOOR PO, ATHIRAMPUZHA, KOTTAYAM-686 631 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Tr.P.C.No.198 of 2010 --------------------------------------- Dated this 10th day of August, 2010 ORDER Respondent is served on this petition but there is no response. 2. This petition is for transfer of O.P.No.665 of 2010 from Family Court, Ettumanoor to Family Court, Thrissur. It is stated that petitioner, aged about 36 years is a resident of Anjoor Village in Thrissur District. She has filed M.C.No.318 of 2010 and O.P.No.1027 of 2010 in the Family Court, Thrissur against respondent. It is stated that petitioner has a child aged 2 years and her aged mother has to accompany her to Family Court, Ettumanoor. She finds it difficult to travel the long distance. 3. The Supreme Court in Sumitha Singh Vs. Sanjay Kumar & Another (AIR 2002 SC 396) and Arti Rani Lrs. Pinki Devi and Another Vs. Darmendra Kumar Gupta (2008 (9) SCC 353) stated that while considering request for transfer in matrimonial proceedings convenience of the wife has to be looked into. It is not disputed that two proceedings initiated by petitioner are pending in the Family Court, Thrissur. Petitioner has to travel long distance to reach Family Court at Ettumanoor. Some Tr.P.C.No.198 of 2010 : 2 : of her relatives has to accompany her. It involves expense. In the circumstance I consider it appropriate that the case pending in Family Court, Ettumanoor is withdrawn from that court and made over to Family Court, Thrissur. Resultantly this petition is allowed in the following lines: (i) O.P.No.665 of 2010 pending in Family Court, Ettumanoor is withdrawn from that court and made over to Family Court, Thrissur for trial and disposal. (ii) It is made clear that it is open to the respondent to appear through counsel except when her physical presence is necessary. (iii) Transferee court shall ensure that all the cases are posted as far as possible on the same date. (iv) Tansferor court shall transmit records of the case to the transferee court with due intimation to counsel on both sides as to date of appearance in the transferee court. (THOMAS P JOSEPH, JUDGE) Sbna/-