IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 Tr.P(C).No. 109 of 2009() ------------------------- OP.227/2009 of FAMILY COURT, ERNAKULAM .................... PETITIONER: ------------------------ SAJITHA D/O. LATE SULAIMAN HAJI, THOPPINKADU VEEDU, THEKKEPOTTA, PUTHUKODU, THEKKEPOTTA P.O., PALAKKAD DIST., PIN-678 687. BY ADV. SRI.T.H.ABDUL AZEEZ RESPONDENT: --------------- PEER MOHAMMED S/O. ABDUL JALEEL, K.P.STREET, PUTHUNAGARAM VILLAGE, CHITTOOR TALUK, PALAKKAD DISTRICT, NOW AT C/O. MUHAMMED SHEREEF, ANJUKKATHU PARAMBU, S.I. UP SCHOOL ROAD, DESHABHIMANI, KALOOR, KOCHI-17. ADV. SRI.C.S.MANU FOR R1 SRI.ABHILASH AKBAR FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Tr.P.C.No.109 of 2009 --------------------------------------- Dated this 13th day of September, 2010 ORDER Respondent/husband is served on this application but he has not responded. 2. This application is filed by the wife seeking transfer of O.P.No.227 of 2009 of Family Court, Ernakulam to Family Court, Palakkad. That is a petition filed by the respondent/husband seeking divorce. Petitioner states that her father died about 13years back and she has only the mother and a sister. She is a resident of Puthukkode, in Palakkad District and the distance from her place of residence to Family Court, Palakkad is only 40km. She has to travel about 110kms to contest the case at Family Court, Ernakulam. Permanent residence of respondent is in Chittur Taluk, in Palakkad District but he is now staying at Kaloor. In the circumstance request for transfer. Learned counsel for petitioner has contended that it is quite inconvenient for the lady to contest the case at Family Court, Ernakulam. 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 Tr.P.C.No.109 of 2009 : 2 : (9) SCC 353) has stated that while considering request for transfer in matrimonial proceedings convenience of the wife has to be looked into. As per the averments in the petition Family Court Palakkad is at a shorter distance than Family Court, Ernakulam from the place of residence of petitioner. It is seen from the address of respondent that he is a permanent resident of Chittur Taluk, in Palakkad District though, he is now staying at Kaloor. Having considering the comparative hardship of the parties I am satisfied that in the circumstances stated comparative hardship is more on petitioner if transfer requested for is not allowed than the hardship respondent may have to suffer if the transfer is allowed. Hence I am inclined to allow the petition. Resultantly this petition is allowed in the following lines: (i) O.P.No.227 of 2009 pending in Family Court, Ernakulam is withdrawn from the court and made over to Family court, Palakkad. (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. Tr.P.C.No.109 of 2009 : 3 : (iii) It is made clear that except when his personal appearance is required, respondent can appear in the transferee court through counsel. (THOMAS P JOSEPH, JUDGE) Sbna/-