IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932 Tr.P(C).No. 351 of 2010() ------------------------- OP (DIVORCE) NO.1731/2010 OF FAMILY COURT, ERNAKULAM .................... PETITIONER : ------------------- DHANYA.C, D/O.RATNAPALAN, AGED 33 YEARS, CHERAMPARAMBIL HOUSE, IRINJALAKUDA P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT(S): --------------- THARUN.U.K, AGED 37 YEARS, S/O.LATE KARTHIKEYAN, KARTHIKEYAM, PARAVATHU GARDENS, BOAT JETTY ROAD, VADUTHALA, ERNAKULAM 682 023. ADV. SMT.GISA SUSAN THOMAS FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------- Tr.P.(C).No.351 of 2010 ------------------------------------ Dated this the 3rd day of February, 2011 O R D E R This Transfer Petition is filed by the wife of the respondent seeking to transfer O.P.(Divorce) No.1731 of 2010 pending before the Family Court, Ernakulam to the Family Court, Thrissur. 2. The marriage between the parties was solemnised at Irinjalakuda within the jurisdiction of the Family Court, Thrissur. The petitioner is residing at Irinjalakuda in Thrissur District. The respondent belongs to Ernakulam. 3. The petitioner filed M.C.No.552 of 2010 before the Family Court, Thrissur, claiming maintenance from the respondent. She also filed O.P.No.1861 of 2010 before the Family Court, Thrissur, for return of gold ornaments. It is stated that both these cases are pending before the Family Court, Thrissur. The respondent filed O.P.No.1731 of 2010 Tr.P.(C) No.351/2010 2 before the Family Court, Ernakulam, for divorce. 4. The petitioner stated in paragraph 3 of the Transfer Petition as follows : "It is respectfully submitted that the divorce case is filed before the Hon'ble Family Court, Ernakulam is only to harass the petitioner. It is very difficult to the petitioner to travel all the way from Thrissur to the Ernakulam, Family Court. The Family Court, Ernakulam is situated nearly 70 K.M. from the residence of the petitioner. The respondent had chosen the above court only to harass this petitioner. It is submitted that two cases are pending before the Hon'ble Family Court, Thrissur and the respondent filed the divorce case before another court only with an intention to harass the petitioner. It is submitted that the petitioner reasonably apprehend that the respondent and his brothers who is having connection with goondas will attempt to attack the petitioner and her aged father who is only thereto accompany her and due to age old illness the father of the petitioner is also not in a position to travel alone with the petitioner. More over as submitted earlier the respondent and his brothers are very influential and they will exert all their undue influence in order to harass the Tr.P.(C) No.351/2010 3 petitioner both physically and mentally. It is submitted that appearing before the Family Court, Ernakulam and coming back to home after the case is practically impossible for the petitioner. Hence, it is highly necessary to transfer the above case to Family Court, Thrissur in the light of the above reasons." 5. The Supreme Court in Sumita Singh vs. Kumar Sanjay and another (2001 (10) SCC 41), Rajwinder Kaur vs. Balwinder Singh (2003(11) SCC 726) and Mangla Patil Kale vs. Sanjeev Kumar Kale (2003(10) SCC 280) held that the inconvenience caused to the wife, if no transfer is made, should be taken note of. 6. Taking into account the facts and circumstances of the case, the fact that the wife has already filed two petitions before the Family Court, Thrissur and taking into account the inconvenience that would be caused to the wife to attend the Family Court at Ernakulam, it is only just and proper to transfer O.P.(Divorce) No.1731 of 2010 from the Family Court, Ernakulam to the Family Court, Thrissur. Tr.P.(C) No.351/2010 4 Accordingly, the Transfer Petition is allowed. O.P. (Divorce) No.1731 of 2010 is transferred from the Family Court, Ernakulam to the Family Court, Thrissur. The Family Court, Ernakulam shall transmit the records to the Family Court, Thrissur. K.T.SANKARAN JUDGE csl