IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 Tr.P(C).No. 185 of 2010() ------------------------- OP.336/2010 of FAMILY COURT, THIRUVALLA .................... PETITIONER:RESPONDENT: ----------------------------------------- SARITHA, D/O.BALAN, AGED 24 YEARS,RESIDING AT PUTHENPURAYIL HOUSE, KARIMANNOOR, PULLUMALA BHAGOM, KARIMANNOR VILLAGE, THODUPOUZHA TALUK, IDUKKI DIST. BY ADVS. SRI.GEO PAUL, SRI.SANU MATHEW, SRI.C.R.PRAMOD, SRI.NOEL JOSEPH, SRI.M.B.SANDEEP, SRI.K.V.REJANEESH. RESPONDENT(S): PETITIONER: ----------------------------------------------- REJESH BALAN,S/O/BALAN.AGED 27 YEARS, RESIDING AT RAJESH BHAVAN,MUNDAMALA P.O., AYIRAKKAVU BHAGAM, KOIPURAM VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DIST. BY ADVS. SMT.S.K.DEVI, SRI.SANTHOSH P.ABRAHAM. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Tr.P. (Civil) No. 185 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 23rd day of July, 2010 O R D E R This petition is filed by the wife, seeking transfer of O.P.No.336 of 2010 from Family Court, Thiruvalla to Family Court, Thodupuzha. That is a petition filed by the husband, seeking declaration that there is no marriage. 2. Petitioner is a resident of Karimannoor in Thodupuzha Taluk. She states that she has no job, occupation or income and that she is depending on her father who, on account of a fracture is now under going treatment in Specialist's Hospital, Ernakulam. She has a 2½ year old child to be looked after. There is nobody to accompany her to Thiruvalla to attend the court. She has to be accompanied by some relative to go to that place which involves huge expense. In the circumstances, she has requested to transfer the case to the Family Court, Thodupuzha. Petition is opposed by the respondent. Learned counsel for the respondent states that if the case is Tr.P.(C) No.185/2010 2 transferred to Thodupuzha, respondent would face threat from relatives of petitioner. It is also stated that if at all transfer is required case may be transferred to Family Court, Ettumanoor. It will not be inconvenient to both parties. 3. It is not disputed that the petitioner is a resident of Karimannoor, which is an interior part of Thodpuzha Taluk. Even to reach Family Court, Ettumannoor, petitioner has to travel a lot from her place of residence. Petitioner being a young lady, necessarily has to be accompanied by some relative, which will cause much hardship and involve huge expense also. Added to that difficulty that petitioner is now facing is that her father has suffered a fracture and he is undergoing treatment and she has also to look after her child aged 2 ½ years. 4. The Supreme Court in Sumitha Singh V. Sanjay Kumar & Another (AIR 2002 SC 396) and Arti Rani Lrs. Pinki Devi and Another V. Darmendra Kumar Gupta (2008(9) SCC 353) has has held that while considering request for transfer in matrimonial proceedings convenience Tr.P.(C) No.185/2010 3 of the wife has to be looked into. Though I agree that it does not mean that inconvenience of the husband need not be looked into, considering comparative hardship to which parties are put to, I am inclined to think that inconvenience of petitioner to reach Thiruvalla or even Ettumanoor (as suggested by respondent) outweighs inconvenience that respondent would suffer if the case is transferred to Thodupuzha. In the interest of justice and considering the inconvenience of the petitioner, the case has to be transferred to Thodupuzha. If respondent faces any difficulty, threat or harassment at the hands of petitioner or her relatives, while appearing in the Family Court at Thodupuzha, it will be open to him to bring that matter to the notice of the learned Judge of that court. In the result, this petition is allowed in the following lines:- 1) O.P.No.336 of 2010 pending before Family Court, Thiruvalla is withdrawn from that court and made over to Family Court, Thodupuzha. Tr.P.(C) No.185/2010 4 2) Transferor court shall transmit records of the case to the transferee court with due intimation to the counsel on both sides as to the date of appearance in the transferee court. 3) It is made clear that except when physical presence of respondent is necessary it will be open to him to appear through counsel in the transferee court. THOMAS P. JOSEPH, JUDGE. mn.