IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 Tr.P(C).No. 183 of 2011() ------------------------- AGAINST THE ORDER IN OPG & W 1273/2010 IN OP.806/2010 of FAMILY COURT, ALAPPUZHA .................... PETITIONER: ----------------------- T.B.SUDHA, AGED 34 YEARS, THAZHATHATHIL VEETTIL, VALLIKKADU VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.PIOUS JACOB RESPONDENT(S): --------------------------- REGHUNATHAN ANIR, S/O.KRISHNA PILLAI, MAVILETHU VEEDU, PRAYAR MURI, PANDANADU VILLAGE, CHENGANNUR TALUK, ALAPPUZHA-689 129. BY ADV. SRI.IYPE JOSEPH THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss Tr.P.C.NO.183/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.A1: COPY OF THE MEMORANDUM OF ORIGINAL PETITION IN O.P.NO.806/2010 ON THE FILES OF THE FAMILY COURT, ALAPPUZHA DTD. 29/07/2010. ANNEX.A2: COPY OF THE O.P.(G&W) NO.1273/2010 DTD. 01/12/2010. ANNEX.A3: COPY OF THE MEMORANDUM IN M.C.NO.26/2011 ON THE FILES OF THE FAMILY COURT, THIRUVALLA DTD. 03/02/2011. ANNEX.A4: COPY OF THE O.P.NO.120/2011 ON THE FILES OF THE FAMILY COURT, THIRUVALLA. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P JOSEPH, J. ---------------------------------------- Tr.P(C).No.183 of 2011 --------------------------------------- Dated this 09th day of August, 2011 ORDER This petition is filed by the wife seeking transfer of O.P.No.806 of 2010 and O.P(G&W).No.1273 of 2010 from Family Court, Alappuzha to Family Court, Thiruvalla. It is stated that petitioner, aged about 34 years is residing at Vallikode, in Kozhencherry Taluk. It is also stated that petitioner has filed M.C.No.26 of 2011 and O.P.No.120 of 2011 in Family Court, Thiruvalla against respondent. In these circumstances, it is requested that the cases first above mentioned may be transferred to Family Court, Thiruvalla. I have heard learned counsel for respondent also. 2. 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 the request for transfer in matrimonial proceedings convenience of the wife has to be looked into. Petitioner is the wife aged 34 years. She has to travel long distance if her request is not allowed. Moreover, two cases are pending consideration before Family Court, Tr.P(C).No.183 of 2011 -: 2 :- Thiruvalla. It is convenient to both the parties that all the cases are tried and disposed of by the same Court. In the circumstances I am inclined to think that circumstances warranted that the case is transferred to Family Court, Thiruvalla. Resultantly this petition is allowed as follows: (i) O.P.No.806 of 2010 and O.P(G&W). No.1273 of 2010 pending in Family Court, Alappuzha is withdrawn from that court and made over to Family Court, Thiruvalla. (ii) The 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. (iii) It is made clear that except when physical presence of respondent is necessary it is open to him to appear through counsel in the transferee court. (iv) Transferee Court shall as far as possible post all the cases on the same dates. Sd/- (THOMAS P JOSEPH, JUDGE) Sbna/-