IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 Tr.P(C).No. 64 of 2011 OP.NO.1263/2010 OF FAMILY COURT, THRISSUR PETITIONER: -------------------- NIMA.R, AGED 37 YEARS, D/O.R. PRABHAKARAN, HOUSE NO.4, KRISHNA MENON NAGAR HOUSING COLONY, PALLIKKUNNU VILLAGE, KANNUR TALUK, KANNUR DISTRICT - 4. BY ADV. SRI.V.R.KESAVA KAIMAL SRI.N.M.MADHU RESPONDENT: --------------- K.P. SUDHEER, AGED 43 YEARS, S/O.M.N. PADMANABHAN NAIR, SREENIVAS, EAZT OF MATHILAKAM, MARUTHORVATTOM.P.O, CHERTHALA TALUK, ALAPPUZHA DISTRICT - 688 545. BY ADV. SRI.P.B.SURESH KUMAR SRI.LEO GEORGE THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: I.A.NO.420/2011 IN TR.P.(C) NO.64/2011 DISMISSED 15/6/2011 SD/- K.T.SANKARAN, JUDGE //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ Tr.P.(C). NO. 64 OF 2011 ------------------------------------------------------ Dated this the 15th day of June, 2011 O R D E R The petitioner is the wife of the respondent. In the wedlock, they have a child aged seven years, who is suffering from cerebral palsy. 2. The respondent filed O.P.No.1263 of 2010 before the Family Court, Thrissur against the petitioner for divorce. The petitioner filed O.P.No.60 of 2011 before the Family Court, Kannur for restitution of conjugal rights. Both these cases are pending. The respondent is employed at Muscat. The petitioner belongs to Kannur, while the respondent belongs to Alappuzha. The prayer made by the petitioner in the Transfer Petition is to transfer O.P.No.1263 of 2010 pending before the Family Court, Thrissur to the Family Court, Kannur, where O.P.No.60 of 2011 is pending. 3. As things stand now, the respondent has to appear before the Family Court, Kannur to contest O.P.No.60 of 2011. Tr.P.(C) NO.64 OF 2011 :: 2 :: The respondent is working in Muscat. Therefore, it does not matter much for him whether the case is tried by the Family Court, Kannur or the Family Court, Thrissur. The petitioner/wife has to maintain a boy aged seven years, who is suffering from cerebral palsy. It would be highly difficult for her to appear before the Family Court, Thrissur to contest O.P.No.1263 of 2010. Moreover, one petition being for divorce and the other petition being for restitution of conjugal rights, it would be ideal if both the cases are tried by the same Family Court. 4. The Supreme Court in Sumitha Singh v. Kumar Sanjay and another (2001) 10 SCC 41), Mangla Patil Kale v. Sanjeev Kumar Kale ((2003) 10 SCC 280) and Rajwinder Kaur v. Balwinder Singh ((2003) 11 SCC 726) held that the convenience of the wife should be taken note of while considering the question of transfer. 5. In the facts and circumstances of the case, the prayer made in the Transfer Petition is liable to be allowed. Accordingly, the Transfer Petition is allowed. O.P.No.1263 of 2010 pending before the Family Court, Thrissur shall stand transferred to the Tr.P.(C) NO.64 OF 2011 :: 3 :: Family Court, Kannur, where O.P.No.60 of 2011 is pending. The Family Court, Thrissur shall transmit the records to the Family Court, Kannur. The parties shall appear before the Family Court, Kannur on 7.7.2011. (K.T.SANKARAN) Judge ahz/