IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 Tr.P(C).No. 103 of 2010() ------------------------- OP.1777/2009 of FAMILY COURT,ERNAKULAM .................... PETITIONER/RESPONDENT ----------------------------------------- SURYA SHINE, AGED 25 YEARS, D/O. PANKAJAKSHAN, VATTATHARA HOUSE, VALLAMANGALAM NORTH THURAVOOR, CHERTHALA. BY ADV. SMT.C.G.BINDU SMT.C.G.AJITHA SMT.D.SARITHA SMT.M.K.RAJITHA RESPONDENT/PETITIONER ------------------------- SHINE, AGED 32 YEARS, S/O.T.V.SUGUNAN, SHINE NIVAS, H.NO.VI, 253 A, JEW TOWN, KOCHI-2. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Tr.(P).C.No. 103 of 2010 --------------------------------------- Dated this 07th day of June, 2010 ORDER This petition is filed by the wife seeking transfer of O.P.No.1777 of 2009 of the Family Court, Ernakulam to the Family Court, Alappuzha. It is stated that petitioner has filed O.P.No.1129 of 2009 against respondent/husband in the Family Court, Alappuzha for realisation of money. Respondent filed O.P.No.1777 of 2009 in the Family Court, Ernakulam against petitioner seeking restitution of conjugal rights. Petitioner wants the case pending in the Family Court, Ernakulam to be transferred to Family Court, Alappuzha. 2. Notice though served on respondent, he remains absent. Learned counsel for petitioner requested that the case may be transferred to the Family Court, Alappuzha. 3. It is seen from the petition that petitioner is resident of North Thuravoor adjoinging Ernakulam District towards south and as learned counsel states, she is working in Lakeshore hospital at Ernakulam. Respondent is residing at Jew Town, Kochi. The distance from North Thuravoor to Alappuzha is about 35km while to Ernakulam it is around 15 km. Therefore transfer of the case Tr.(P).C.No.103 of 2010 : 2 : from Ernakulam to Alappuzha will not in any way benefit petitioner particularly as she is working at Lakeshore hospital at Ernakulam. Grievance of petitioner is that respondent had tried to assault her at Lakeshore hospital at Ernakulam where she is working and that parents of petitioner finds it difficult to accompany her to Ernakulam. I stated distance from the place of residence of petitioner to Ernakulam and Alapuzha. Ernakulam is more convenient to petitioner. If the case is transferred to Alappuzha, petitioner and respondent has to travel more. As such I do not find reason to transfer the case from Ernakulam to Alappuzha. If the cases pending in the two courts are to be jointly tried petitioner can request for transfer of the case from Family Court, Alappuzha to the Family Court, Ernakulam. With the above observation the petition is dismissed. (THOMAS P JOSEPH, JUDGE) Sbna/-