IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 Tr.P(C).No. 365 of 2010() ------------------------------- OPGW.901/2010 of FAMILY COURT, KOTTARAKKARA .................... PETITIONER ---------------- SHRUTHI NARENDRAN, D/O.NARENDRAN, AGED 26 YEARS, RESIDING AT NOOPURAM VEEDU, PALA ROAD, KOOTHATTUKULAM VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT. BY ADVS. SRI.RAM MOHAN.G. SRI.G.P.SHINOD SRI.GOVIND P RESPONDENT(S): --------------------- PRADEEP S.NAIR, S/O.SURENDRAN NAIR, RESIDING AT SURENDRA BHAVAN, KANNIMELTHARI, PATTAZHI P.O., PATHANAPURAM TALUK, KOLLAM DISTRICT – 689 645. ADV. SRI.C.B.SREEKUMAR THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs K.T.SANKARAN, J. ------------------------------ Tr.P.(C).No.365 of 2010 ------------------------------ Dated this the 1st day of March, 2011 ORDER This Transfer Petition is filed by the wife of the respondent for the transfer OP (GW)No. 901 of 2010 from the Family Court, Kottarakkara to the Family Court, Kottayam at Ettumanoor where OP No.1395 of 2010 filed by the wife is pending. 2. The marriage between the parties took place on 24.1.2007 at Ettumanoor within the jurisdiction of the Family Court, Kottayam at Ettumanoor. The wife belongs to Koothattukulam situated about 25 kilometres away from the Family Court, Kottayam at Ettumannor. The husband belongs to Pattazhi, Kollam. It is stated that the distance from Koothattukulam to Kottarakkara is approximately 150 kilometres. The wife is employed in a private college. It is stated that it would be difficult for her to attend the Family Court, Kottarakara. Moreover, it is contended that one case is pending Tr.P.(C).No.365 of 2010 2 before the Family Court, Kottayam at Ettumanoor and at any rate the husband has to appear in that case. The counsel submitted if both the cases are tried by the same Family Court, it would be ideal for both parties. 3. The learned counsel for the petitioner relied on the decisions of 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) in support of his contention. 4. Taking into account the facts and circumstances of the case, the Transfer Petition is allowed. OP(GW) No.901 of 2010 Family Court, Kottarakkara shall stand transferred to the Family Court, Kottayam at Ettumanoor where OP 1395 of 2010 is pending. The Family Court, Kottarakkara shall Tr.P.(C).No.365 of 2010 3 transmit the records to the Family Court, Kottayam at Ettumanoor . The parties shall appear before the Family Court, Kottayam at Ettumanoor on 6th April, 2011. K.T.SANKARAN, JUDGE. cms