IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 Tr.P(C).No. 214 of 2009() ------------------------- OPHMA.1579/2008 of FAMILY COURT, NEDUMANGAD .................... PETITIONER: ------------------------------ SREE REKHA.R.I. AGED 26 YEARS, DAUGHTER OF RAVEENDRAN, RESIDING AT PARANKIMAMMOODU VEEDU, HOUSE NO.214, SREE NAGAR PATTATHANAM.P.O. VADAKKEVILA VILLAGE, KOLLAM DIST. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT: --------------- T.S.AJITH KUMAR, AGED 35 YEARS S/O. SANALKUMARAN, RESIDING AT KAVIL VILA VEEDU, VELLOORKONAM, KADUVAYIL ATTINGAL P.O., ATTINGAL VILLAGE, CHIRAYINKEIZH TRIVANDRUM DIST. ADV. SRI.N.KRISHNANKUTTY PILLAI THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Tr.P.C.No.214 of 2009 --------------------------------------- Dated this 23rd day of September, 2010 ORDER This petition is filed by the wife seeking transfer of O.P (HMA).No.1579 of 2008 from Family Court, Nedumangad to Family Court, Kollam. It is stated that petitioner is residing at Pattathanam, in Kollam district, has a 1½ year old child and that she finds it difficult to travel all the distance from her place of residence to Nedumangad. It is also stated that petitioner has filed O.P.No.415 of 2008 against respondent/husband in Family Court, Kollam which is pending consideration of that court. In the circumstance, request for transfer. 2. Petition is opposed by the respondent who contend that petitioner is residing at Madavoor which is only 30 kms away from Family Court, Nedumangad. 3. It is seen from the copy of O.P(HMA).No.1579 of 2008 filed by respondent before the Family Court, Nedumangad that address of petitioner is given as residing at Pattathanam, in Kollam district. As such, I do not find reason to disbelieve the statement that petitioner is residing in that address. Learned counsel for petitioner points out that Family Court, Kollam is Tr.P.C.No.214 of 2009 : 2 : about 4km from her place of residence while it is 30km from Nedumangad. O.P.No.415 of 2008 is now pending consideration in the Family Court, Kollam. 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) has stated that while considering request for transfer in matrimonial proceedings convenience of the wife has to be looked into. I am inclined to think that comparative hardship is more on petitioner if transfer requested for is not allowed than the hardship respondent may have to suffer if transfer is allowed. Hence I am inclined to allow the petition. Resultantly this petition is allowed in the following lines: (i) O.P(HMA).No.1579 of 2008 pending in Family Court, Nedumangad is withdrawn from the court and made over to Family court, Kollam. (ii) The transferor court while transmitting records of the case to the transferee court shall fix date of appearance of parties in the transferee court with due intimation to counsel on both sides. (THOMAS P JOSEPH, JUDGE) Sbna/-