IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 Tr.P(C).No. 239 of 2011() ------------------------- OP(HMA)533/2011 of FAMILY COURT, THIRUVALLA TO FAMILY COURT, THIRUVANANTHAPURAM. .................... PETITIONER:RESPONDENT IN OP(HMA) NO.533/2011: ------------------------------------------------------------------------------- LAKSHMI, AGED 43 YEARS, D/O.GOPINATHAN NAIR, SREE LAKSHMI KRA-B-104 KOLLOOR, KANNAMMOOLA, THIRUVANANTHAPURAM-695 011. BY ADVS. SRI.NAIR AJAY KRISHNAN, SRI.R.T.PRADEEP. RESPONDENT(S): PETITIONER IN OP (HMA) NO.533/2011: ------------------------------------------------------------------------------------- BABURAJ A.PILLAI, AGED 50 YEARS, S/O.APPUKUTTAN PILLAI, PEYES BHAVAN, KARUVATTAKARA, ADOOR P.O.-691 523. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss Tr.P(C)NO.239/2011 APPENDIX PETITIONERS' ANNEXURE: ANNEX.1: COPY OF PETITION IN O.P.(HMA) 533/2011 DTD. 29/06/2011. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P JOSEPH, J. ---------------------------------------- Tr.P(C).No.239 of 2011 --------------------------------------- Dated this 22nd day of August, 2011 ORDER Respondent is served with notice by authorisation. 2. This petition is filed by the wife seeking transfer of O.P(H.M.A).No.533 of 2011 from Family Court, Thiruvalla to Family Court, Thiruvananthapuram. That is a petition filed by the respondent/husband for divorce. 3. Petitioner states that she is aged about 43 years, staying with her father at Thiruvananthapuram. Learned counsel submits that petitioner's father is aged about 72 years, that her only brother is working in the United States and her mother also has gone to that country. On account of old age illness the father is not be able to accompany petitioner to the Family Court, Thiruvalla. In the circumstance it is requested that the case may be transferred to Family Court, Thiruvananthapuram. 4. 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 Tr.P(C).No.239 of 2011 -: 2 :- to be looked into. It is seen that petitioner is staying at Kannammoola in Thiruvananthapuram district. She is aged about 43 years. Respondent is staying at Karuvattakara, near Adoor. Having regard to the difficulties stated by petitioner I am inclined to think that comparative hardship is more on the petitioner. In the circumstance I am inclined to think that circumstances warranted that the case be transferred to Family Court, Thiruvananthapuram. Resultantly this petition is allowed as follows: (i) O.P(H.M.A).No.533 of 2011 pending in Family Court, Thiruvalla is withdrawn from that court and made over to Family Court, Thiruvananthapuram. (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 the respondent is necessary it is open to him to appear through counsel in the transferee court. (THOMAS P JOSEPH, JUDGE) Sbna/-