IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 Tr.P(C).No. 146 of 2011 TO TRANSFER OP.326/2011 FROM THE FAMILY COURT,KOZHIKODE TO THE FAMILY COURT, MALAPPURAM. PETITIONER: -------------------- AFEELA K., AGED 27 YEARS, D/O.MUHAMMED ISMAIL, PUTHUPURAKKATT VEEDU, 'MALIK', KANDANCHENA, PARAPPURAM, VALAKULAM P.O., VENNIYOOR-676508, TIRURANGADI TALUK, MALAPPURAM. BY ADV. SRI.K.M.FIROZ SMT.M.SHAJNA RESPONDENT: --------------- MUHAMMED ASHRAF, S/O.ABUBACKER HAJI, VELLENGOTTU HOUSE, VAVADU P.O., VAVADU AMSOM DESOM, KODUVALLY, KOZHIKODE DISTRICT-676 510. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: I.A.NO.1069/2011 IN TR.P.(C) NO.146/2011 DISMISSED 24/6/2011 SD/- K.T.SANKARAN, JUDGE //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ Tr.P.(C). NO. 146 OF 2011 ------------------------------------------------------ Dated this the 24th day of June, 2011 O R D E R The petitioner, who is the wife of the respondent, prays for transfer of O.P.No.326 of 2011 from the Family Court, Kozhikode to the Family Court, Malappuram. 2. The petitioner resides within the jurisdiction of the Family Court, Malappuram. The respondent belongs to Koduvally, Kozhikode District. O.P.No.326 of 2011 was filed for custody of the two minor children, aged 9 and 4 years. The petitioner states that she is not in a position to attend the Family Court, Kozhikode for the conduct of the case. It is also submitted that the children are residing with her and, therefore, the proper court to try the case would be Family Court, Malappuram. 3. Though notice was served on the respondent, there is no appearance. 4. The two minor children are residing with the petitioner. If Tr.P.(C) NO.146 OF 2011 :: 2 :: she has to go to Kozhikode along with the children, it will cause great difficulties for her. There is no reason why the respondent/husband cannot attend the Family Court, Malappuram. 5. The Supreme Court in Sumitha Singh v. Kumar Sanjay and another (2001) 10 SCC 41), Mangla Patil Kale v. Sanjeev Kumar Kale ((2003) 10 SCC 280) and Rajwinder Kaur v. Balwinder Singh ((2003) 11 SCC 726) held that the convenience of the wife should be taken note of while considering the question of transfer. In the facts and circumstances of the case, the Transfer Petition is allowed. O.P.No.326 of 2011 pending before the Family Court, Kozhikode shall stand transferred to the Family Court, Malappuram. The Family Court, Kozhikode shall transmit the records to the Family Court, Malappuram. (K.T.SANKARAN) Judge ahz/