IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 Tr.P(C).No. 32 of 2010() ------------------------ OP 630/2009 AND OP.629/2009 of FAMILY COURT,ERNAKULAM .................... PETITIONER/PETITIONER ----------------------------------------- SAVITHA MUKUNDAN MENON, AGED 30 YEARS, DAUGHTER OF MUKUNDAN K.MENON, RESIDING AT "VISHNU PRABHA", XI/37/1, KUNDOOR BHAGAVATHY TEMPLE ROAD, PUDOORKKARA, P.O.AYYANTHOLE, TRICHUR. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.P.K.NIJOY SMT.NISHA G.THARAMAL RESPONDENT(S): RESPONDENT ------------------------- PREMACHANDRAN.P.NAIR, AGED 35 YEARS, SON OF PADMANABHAN NAIR, NARAYANAMANGALAM HOUSE, PERUNTHANI VILLAGE, TRIVANDRUM. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No.32 of 2010 -------------------------------------- Dated this the 25th day of May, 2010. ORDER Respondent appears through counsel. 2. This petition is filed by the wife under Sections 22 and 23(2) of the Code of Civil Procedure (for short, “the Code”) to transfer O.P.Nos.629 of 2009 and 630 of 2009 preferred by her in the Family Court, Ernakulam to the Family Court, Thrissur. The estranged husband (respondent) as the learned counsel for respondent submits is now abroad in connection with employment and the child whose custody is asked for by the petitioner is staying abroad with the respondent. The reason for transfer stated is that petitioner has got employment at Thrissur where she is now staying and hence the cases may be transferred to the Family Court, Thrissur. According to the learned counsel for petitioner, while considering the request for transfer this Court has to concerned with the convenience of wife. It is the contention of learned counsel for petitioner that since petitioner is staying with her parents at Thrissur and is having a small employment there it is difficult for petitioner to come to Ernakulam and contest the case. Learned counsel for respondent submitted that as per interim order passed by the Family Court, Ernakulam the child who is staying with the respondent is to be shown to the petitioner during vacation for Tr.P.(C) No.32/2010 2 which respondent has to come from abroad and from his permanent house at Thiruvananthapuram he has to go to Ernakulam and that If the case is transferred to Thrissur he will be put to further difficulties. 3. It is not as if in every cases transfer sought for by the wife has to be permitted. Convenience of both parties is also to be looked into. Ofcourse, more stress has to be given to the convenience of the wife. Here, petitioner was a resident of Ernakulam and she filed the case in the Family Court, Ernakulam. Later she got employment at Thrissur where she is temporarily staying. The distance between Ernakulam and Thrissur is only 75 kms. and by fast moving transport vehicles it takes just one and a half hours to cover that distance. By fast moving train it would take only one hour to reach Ernakulam. It is not as if the petitioner is required to attend the court at Ernakulam every time. She can be represented by her counsel till the case is taken up for trial. For the purpose of trial, counsel for petitioner can request the learned Judge to post the case on a convenient day so that petitioner can take leave and give evidence. Parties can request the learned Judge to expedite the trial and disposal of the case. On the other hand, if the case is transferred to Thrissur, respondent who is permanently staying at Thiruvananthapuram has to go to Thrissur with the child as per the interim order passed by the learned Judge of the Family Court, Ernakulam and also for trial of the case. Taking into account the hardship that would be caused Tr.P.(C) No.32/2010 3 to the respondent if the case is transferred to Thrissur and all other relevant circumstances I am not persuaded to think that it is absolutely necessary to transfer the case from the Family Court, Ernakulam to Family Court, Thrissur. Resultantly this petition is dismissed. But I make it clear that parties can request the learned Judge of Family Court, Ernakulam if the pre-trial steps are over to expedite trial and disposal of the case and if any such request is made learned Judge shall consider that request and pass appropriate orders. I.A.No.243 of 2010 will stand dismissed. THOMAS P.JOSEPH, Judge. cks