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. 124 of 2010() ------------------------- OPHMA.250/2010 of FAMILY COURT, KOTTAYAM .................... PETITIONER:1ST RESPONDENT: ------------------------------------------------- JAYABINDU, D/O.KAITHADATHIL PADMANABHAN KARIMBA AMSOM AND DESOM, MANNARKKAD TALUK. BY ADV. SRI.P.K.MOHANAN(PALAKKAD) RESPONDENT(S): ---------------------------- 1. CHANDRAN, S/O.NARAYANAN, THAZHAKKAMATTATHUL VEEDU, ELAMPALLI PO, ANILKAD VILLAGE, KOTTAYAM TALUK. 2. SETHURAJ, KUTTANAM PARAMBIL HOUSE, PO, T.P.PURAM, VAZHUR VILLAGE, KOTTAYAM DISTRICT. 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. 124 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 23rd day of July, 2010 O R D E R Respondent No.1/husband is served on this petition as early as on 23-4-2010 but there is no response. Notice to respondent No.2 is returned with the endorsement that he has left India. Learned counsel for the petitioner states that notice issued to respondent No.2 from Family Court, Kottayam was returned with a similar endorsement. Respondent No.2 is impleaded in O.P.No.250 of 2010 as alleged adulterer. Even if a transfer is ordered, transferee court can issue notice to respondent No.2. In the circumstances notice to respondent No.2 is dispensed with. 2. This petition is filed by the wife seeking transfer of O.P.No.250 of 2010 from Family Court, Kottayam at Ettumanoor to Family Court, Palakkad. That is a petition filed by respondent No.1 seeking divorce on the ground of alleged adultery of petitioner with respondent No.2. Petitioner denied the allegation and states that continuance of the case at Family Court, Kottayam at Ettumanoor would cause much hardship and inconvenience to her. She is a Tr.P.(C) 124/2010 2 resident of Edakurissi in Mannarkkad. She states that distance from her place of residence to Family Court, Kottayam at Ettumannoor is about 300 k.ms. She is depending on her father for livelihood. She has two children aged 14 and 10 years. In these circumstances she is not able to travel the whole distance without being accompanied by some of her relatives. Hence the request for transfer. 3. 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 of the wife has to be looked into. It is the case of the petitioner that if the case continued at Ettumanoor, she has to travel a long distance and she has to be accompanied by some of her relatives. The lady has to travel a long distance to attend the court. That will put her to much hardship and inconvenience. She has to be accompanied by somebody. It involves huge expenses also. In these circumstances, I am inclined to think that to avoid hardship and inconvenience to the petitioner the Tr.P.(C) 124/2010 3 case has to be transferred to Family Court, Palakkad. In the result, this petition is allowed in the following lines:- 1) O.P.No.336 of 2010 pending in Family Court, Kottayam at Ettumannoor is withdrawn from that court and made over to Family Court, Palakkad for trial and disposal. 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. 4) Transferee court shall issue notice in the Original Petition to respondent No.2. THOMAS P. JOSEPH, JUDGE. mn. Tr.P.(C) 124/2010 4 Number “O.P. No.336 of 2010” occurring in clause 1 of the operative portion of the order dated 23/07/2010 in Tr.P.(C) 124/2010 is corrected and substituted as “O.P.(HMA) No.250 of 2010”, as per order dated 18-8-2010 in Tr.P.(C) 124/2010. Sd/- Registrar (Judicial)