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. 217 of 2011() ------------------------- OP.115/2011 of FAMILY COURT, ALAPPUZHA ....................................... PETITIONER (S)/RESPONDENT ------------------------- SREEJAYADEVI, AGED 41, D/O.SUBADRAKUTTY AMMA, "JYOTHIS", KIZHAKKAN PUTHOOR MURI, KUTTIPUZHA VILLAGE, THIRUVALLA. BY ADV. SMT.R.BINDU (SASTHAMANGALAM) SRI.R.JAYAKRISHNAN SRI.M.P.PRASANTH RESPONDENT(S)/ PETITIONER ------------------------- HARIKUMAR.K., AGED 49, S/O.KUTTANPILLAI, "PRASANNA BHAVANAM", KARUMADI P.O., 688564 AMBALAPPUZHA, ALAPPUZHA. BY THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SU TPC.NO.217/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE 1: COPY OF THE DIVORCE PETITION O.P.(DIV) NO.115/2011 OF THE FAMILY COURT APLAPPUZHA DATED 29/01/2011. ANNEXURE 2: COPY OF THE ORDER DATED 23/10/2008 IN M.C.NO.56/2006 OF THE FAMILY COURT THIRUVALLA. ANNEXURE 3: COPY OF THE ORDER DATED 20/07/2007 OF THIS HON'BLE COURT IN W.P.(C)NO.28694/2006. RESPONDENT'S ANNEXURES: NIL. /TRUE COPY/ P.A. TO JUDGE SU THOMAS P JOSEPH, J. ---------------------------------------- Tr.P(C).No.217 of 2011 --------------------------------------- Dated this 28th day of September, 2011 ORDER Notice issued to the respondent is returned with the endorsement that respondent left India. Hence as directed by this Court in the order dated 12.08.2011 notice was served on counsel appearing for the drespondent in the trial court and a memo to that effect is filed. Thus there is sufficient service of notice on the respondent. 2. Petitioner/wife has sought transfer of O.P.No.115 of 2011 from the Family Court, Alappuzha to the Family Court, Thiruvalla. That is a petition filed by the respondent for divorce. It is stated that petitioner has filed O.P.No.776 of 2003 for custody of the child, O.P.No.149 of 2006 for return of gold ornaments and has filed execution petition in M.C.No.56 of 2006, all in the Family Court, Thiruvalla against the respondent. Petitioner is residing at Kuttupuzha, near Thiruvalla while respondent is residing at Karumadi, in Alappuzha district. In the circumstance, it is requested that O.P.No.115 of 2011 may be transferred from Family Court, Alappuzha to Family Court, Thiruvalla. Tr.P(C).No.217 of 2011 -: 2 :- 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. Since two original proceedings and execution proceeding in M.C.No.56 of 2006 are pending in the Family Court, Thiruvalla in connection with that respondent has to attend that Court and considering the fact that petitioner has to travel a long distance, I am inclined to think that comparative hardship is more on petitioner if the 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.115 of 2011 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. Tr.P(C).No.217 of 2011 -: 3 :- (iv) Family Court, Thiruvalla is directed to post all the cases on the same dates as far as possible. Sd/- (THOMAS P JOSEPH, JUDGE) Sbna/-