IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 Tr.P(C).No. 361 of 2010 TO TRANSFER OP(G&W) NO.415/2010 FROM THE FAMILY COURT, KOTTARAKKARA TO THE FAMILY COURT, PALAKKAD. PETITIONER ----------------------- JINCY R., WIDOW OF MATHEW. S., RESIDING AT 11, GAUTHAM QUARTERS, WATER TANK, KANJIKODE, PALAKKAD-678 621. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.NIMOD.A.R. SRI.C.A.ANOOP RESPONDENTS: --------------- 1. GRACY SAMUEL, D/O. ALICE AMMA, RESIDING AT KODIYIL PUTHEN VEEDU, S.V.MARKET P.O., AYANIVELIKULANGARA VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM-690 573. 2. SANTHA, WIDOW OF RAJA, RESIDING AT 11, GAUTHAM QUARTERS, WATER TANK, KANJIKODE, PALAKKAD-678 621. ADV. SRI.P.B.SAHASRANAMAN FOR R1 SRI.T.S.HARIKUMAR FOR R1 SRI.K.JAGADEESH FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Tr.P.(C). NO. 361 OF 2010 ------------------------------------------------------ Dated this the 31st day of May, 2011 O R D E R The petitioner, who is the respondent in O.P.(G&W) No.415 of 2010 on the file of the Family Court, Kottarakkara, prays for transfer of that case to the Family Court, Palakkad. 2. The son of the first respondent married the petitioner. The husband of the petitioner died in a motor accident. He was a mazdoor in Malabar Cements Limited. After the death of the husband, the petitioner was appointed as Mazdoor in Malabar Cements Limited. In the wedlock, a son was born, who is now aged seven years. O.P.(G&W) No.415 of 2010 was filed by the first respondent, the mother-in-law of the petitioner, for custody of the child. 3. It is stated that the petitioner is residing at Kanjikode, Palakkad and that she is not in a position to travel to Kottarakkara for conducting the case. The son of the petitioner is studying in Tr.P.(C) NO.361 OF 2010 :: 2 :: Seventh-day-Adventist Higher Secondary School, Pudussery, Palakkad, as evidenced by Annexure B. It is also stated that going by Section 9 of the Guardians and Wards Act, the Original Petition should have been filed before the Family Court, Palakkad, within whose jurisdiction the child is residing. 4. The learned counsel for the first respondent contended that Section 9 of the Guardians and Wards Act will not apply, since the Original Petition is not filed for guardianship of the minor, but it is filed only for custody of the minor. Learned counsel also submitted that the first respondent is aged 62 years and she is not in a position to travel from Kottarakkara to Palakkad to attend the Family Court. The learned counsel for the petitioner pointed out that going by the averments in the Original Petition, the first respondent used to visit Palakkad every month to see the child. 5. Considering the inconvenience of the petitioner as well as that of the first respondent as mentioned above, I think it would be convenient for both parties if the case is transferred to the Family Court, Thrissur. To suit the general convenience of the parties and to avoid the inconvenience of travelling long distance for both Tr.P.(C) NO.361 OF 2010 :: 3 :: parties, it would be proper to transfer the case to the Family Court, Thrissur. If such a course is adopted, the distance which both the parties have to travel can be reduced and their inconvenience can also be minimized. Taking into account the facts and circumstances of the case, the Transfer Petition is partly allowed. O.P.(G&W) No.415 of 2010, pending before the Family Court, Kottarakkara, is transferred to the Family Court, Thrissur. The Family Court, Kottarakkara shall transmit the records to the Family Court, Thrissur. The parties shall appear before the Family Court, Thrissur on 27.6.2011. (K.T.SANKARAN) Judge ahz/