IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 Tr.P(C).No. 142 of 2011() -------------------------------- OP.228/2011 of FAMILY COURT,ERNAKULAM . .................................................................................... PETITIONER(S): ----------------------- JAYALAKSHMI, AGED 37 YEARS, D/O. LATE MADHAVAN NAIR, KALATHIL VEETTIL HOUSE, MANKOMBU.P.O., ALAPPUZHA. BY ADV. SRI. B.PRAMOD RESPONDENT(S): ------------------------- MOHANAN, AGED 40 YEARS, S/O. P.R.NARAYANA PANICKER, MOHANAPURAM HOUSE, MUTTATHIPARAMBU.P.O., CHERTHALA, SREEKANDAMANGALAM, ALAPUZHA. BY ADV. SMT.LISY T.SKARIA THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DS Tr.P(C).No. 142 of 2011() APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE C.M.P. NO.5943/2010 IN M.C. NO.51/2010 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, RAMANKARY P2: COPY OF THE O.P.NO.228/2011 OF THE FAMILY COURT, ERNAKULAM RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ PA TO JUDGE DS THOMAS P JOSEPH, J. ---------------------------------------- Tr.P(C).No.142 of 2011 --------------------------------------- Dated this 28th day of September, 2011 ORDER Respondent is served. 2. This petition is filed by the wife seeking transfer of O.P.No.228 of 2011 from Family Court, Ernakulam to the Family Court, Alappuzha. That is a petition filed by the respondent seeking divorce. It is stated that petitioner is working as a Casual Labourer in the office of K.S.R.T.C at Alappuzha. She has to look after her 7 year old child and the aged mother. It is also stated that since respondent is residing at Muttathiparambu, in Alappuzha district transfer of the case to Alappuzha will not cause inconvenience to the respondent also. 3. 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 a Casual Labourer working at Alappuzha. She has to look after her minor child and aged mother. She has to travel all the distance to Ernakulam. Having Tr.P(C).No.142 of 2011 -: 2 :- considered the plea of petitioner, I am inclined to think that the comparative hardship is more on her if request for transfer is not allowed. Hence I am inclined to allow the petition. Resultantly this petition is allowed in the following lines: (i) O.P.No.228 of 2011 pending in Family Court, Ernakulam is withdrawn from that court and made over to Family Court, Alappuzha. (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. Sd/- (THOMAS P JOSEPH, JUDGE) Sbna/-