IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 TR.P(C).NO. 468 OF 2011() ------------------------------------- OP.1524/2011 OF FAMILY COURT,KOLLAM PETITIONER: -------------------- TONY PHILIP MENDEZ, S/O LAWRENCE, VELIYATHUPARAMBIL, PIPELINE ROAD, PALARIVATTOM, ERNAKULAM. BY ADV. SRI.P.V.ANILKUMAR SRI.E.D.GEORGE RESPONDENT(S): -------------------------- ANU @ ANNIE JOSEPH, W/O TONY MENDEZ, POIKA VILLA VEEDU, KUNNANALLOOR, KOLLAM. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: TR.P(C) NO.468 OF 2011 APPENDIX PETITIONER(S)' EXHIBITS: ANNEXURE 1- TRUE COPY OF THE OP NO. 1524/2011 OF THE FAMILY COURT, KOLLAM. ANNEXURE II- TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED FROM SLOURDES HOSPITAL, ERNAKULAM. ANNEXUREIII- TRUE COPY OF HTE MEDICAL CERTIFICATE ISSUED FROM S.H.HOSPITAL, ERNAKULAM. RESPONDENT(S)' EXHIBITS: NIL TRUE COPY P.S. TO JUDGE THOMAS P.JOSEPH, J. ==================================== Tr.P(C) No.468 of 2011 ==================================== Dated this the 21st day of December, 2011 O R D E R This petition is filed by the husband seeking transfer of O.P. No.1524 of 2011 from the Family Court, Kollam to the Family Court, Ernakulam. That is a petition filed by the respondent-wife for recovery of money and other reliefs from petitioner. Reasons stated for transfer is that petitioner is unable to travel on account of liver cirrhosis and alcoholic dependence syndrome. Annexure-2 and 3 certificates are produced to prove the illness of petitioner. 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. Petitioner-husband is residing at Palarivattom, in Ernakulam District. Respondent-wife is residing at Kunnanelloor, in Kollam District. Going by Annexure -1, petition filed by her in the Family Court, Kollam she is aged 38 years while the respondent is aged 47 years. If the Tr.P(C) No.468 of 2011 -: 2 :- case is transferred to the Family Court, Ernakulam, respondent- wife has to travel all the distance from her place of residence to Ernkaulam. She may have to be accompanied by somebody which involves expense also. 3. So far as inconvenience pleaded by petitioner is concerned it is not as if presence of petitioner is required in the Family Court, Kollam on every posting date as the claim is for recover of money and other reliefs. It is sufficient that petitioner appears in the Family Court, Kollam as and when his physical presence is required. If at all his examination on commission is required it is open to him to make a request in that regard before the Presiding Officer of the Family Court, Kollam and if any request in that regard is made, the same shall be considered in accordance with law and as circumstances warranted. 4. Having regard to these aspects, if the request for transfer is allowed that will result in much hardship to the respondent-wife. Hence I am not inclined to entertain this petition. Transfer Petition is dismissed but making it clear that petitioner can appear through counsel in the Family Court, Kollam Tr.P(C) No.468 of 2011 -: 3 :- except when his physical presence is required and that if necessary he can request the Family Court, Kollam to have his examination conducted through commission as law provides and circumstances warranted. THOMAS P. JOSEPH, JUDGE. vsv