IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932 Tr.P(C).No. 161 of 2010() ------------------------- OP.773/2009 of FAMILY COURT,THRISSUR .................... PETITIONER/RESPONDENT/WIFE: ----------------------------------------------- BINEEJA VERGHESE, AGED 33 YEARS, D/O.VARGHESE, AZHAKUMPRAYIL HOUSE, PAYIKKOLLY DESOM, P.O.KADALMADU, BATHERY TALUK, WAYANAD DISTRICT. BY ADV. SRI.P.G.SURESH SRI.C.V.MANUVILSAN RESPONDENT(S): PETITIONER/HUSBAND: ---------------------------------- VARGHESE, AGED 45 YEARS, S/O.PAULOSE, THETTAYIL HOUSE, CHELAMATTOM DESOM, P.O.OKKAL, THANNIPPUZHA VILLAGE, ERNAKULAM DISTRICT. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No.161 of 2010 -------------------------------------- Dated this the 2nd day of August, 2010. ORDER Respondent is served sufficient early on this petition but there is no response. 2. This petition is filed by the wife seeking transfer of O.P. No.773 of 2009 from Family Court, Thrissur to Family Court, Wayanad at Kalppatta. That is a petition filed by respondent/husband for declaration that the marriage is null and void. In the meantime petitioner/wife filed M.C.No.24 of 2009 in the Family Court, Wayanad claiming maintenance for herself and the child. That petition is pending consideration of Family Court, Wayanad. It is stated that petitioner is a resident of Kadalmadu in Bathery Taluk, Wayanad District and that she has to travel more than 250 kms. from her place of residence to reach Family Court, Thrissur. Learned counsel requested that in the circumstances O.P.No.773 of 2009 may be transferred to Family Court, Wayanad at Kalppatta. 3. It is seen from the address of parties given in the petition that petitioner is a resident of Kadalmadu in Bathery Taluk, Wayanad District while respondent belonged to Chelamattom in Ernakulam District. Petitioner has to travel more than 250 kms. from her place of residence to reach Family Court, Tr.P.(C) No.161/2010 2 Thrissur. Petitioner is aged about 33 years and necessarily she has to be accompanied by somebody to the Family Court, Thrissur. It involves much expenses also. Moreover petitioner has filed M.C.No.24 of 2009 before Family Court, Wayanad at Kalppatta claiming maintenance for herself and the child from respondent. Respondent has not so far requested for transfer of that case to the Family Court, Thrissur. 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. True that does not mean that inconvenience if any of the husband need not be considered. Having considered the contention of petitioner I am persuaded to think that the case is to be transferred to Family Court, Wayanad at Kalppatta. Resultantly this petition is allowed in the following lines: i. O.P. No.773 of 2009 pending in Family Court, Thrissur is withdrawn from that court and made over to Family Court, Wayanad at Kalppatta for trial and disposal. Tr.P.(C) No.161/2010 3 ii. It is made clear that except when the physical presence of parties is required in the transferee court it is open to them to appear through counsel. iii. The transferor court shall, while transmitting records of the case to the transferee court fix date for appearance of parties in the transferee court with due intimation to the counsel on both sides. THOMAS P.JOSEPH, Judge. cks