IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 Tr.P(C).No. 320 of 2008() ------------------------- OP.519/2008 of FAMILY COURT,THRISSUR .................... PETITIONER (S): RESPONDENT ------------------------------------------- VEENAS., D/O.SUNDARESAN 'PADMA' HOUSE, CORNER STREET, KERALAPURAM KODUVAYOOR, PALAKKAD. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT(S): PETITIONER ------------------------------------------- ANIL KUMAR, S/O.RAVINDRANATHAN NAIR KALATHUMPADIKKAL HOUSE CHEERAMKULAM ROAD, NEAR BAVA PALLI(CHURCH), KUNNAMKULAM. ADV. SRI.K.A.SATHEESA BABU FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- T.P.C.No.320 of 2008 --------------------------------------------- Dated this the 12th day of February, 2009 ORDER The respondent husband filed O.P.No.519/08 against the petitioner before the Family Court, Thrissur under Section 13 of the Hindu Marriage Act. The original petition is pending. The wife has filed this Transfer Petition praying that the case may be transferred from Family Court, Thrissur to Family Court, Palakkad. 2. The petitioner is residing at Koduvayoor in Palakkad District. She is working as a Teacher in Muslim High School, Puthunagaram in Palakkad District. It is stated that her father is aged about 65 years and he is suffering from cardiac ailments. It is also stated that there is nobody to accompany the petitioner from Palakkad to Thrissur so as to attend at Family Court, Thrissur. The respondent resides at Thrissur. The marriage was solemnized at Guruvayoor, within the territorial jurisdiction of the Family Court, Thrissur. According to the petitioner, if she were to travel from Palakkad to Thrissur to attend the Family Court, Thrissur, she would be put to great difficulties and TPC No.320/2008 2 prejudice. On the other hand, if the case is transferred to Family Court, Palakkad, the respondent would not be put to that much prejudice as that of the petitioner. 3. The learned counsel appearing for the respondent vehementally opposed the request for transfer. A counter affidavit is filed by the respondent. It is stated in the counter affidavit that the marriage between the petitioner and the respondent was solemnized at Guruvyoor temple and the parties last resided at Kunnamkulam. The respondent also states that the petitioner cannot have the litigation in the court of her choice. She has no difficulty to go over to Thrissur and to attend the Family Court. The respondent husband further states that the petitioner has filed the Transfer Petition only to harass him. 4. The marriage was solemnized within the jurisdiction of the Family Court, Thrissur. The respondent husband resides at Kunnamkulam within that jurisdiction. The wife resides at Palakkad within the jurisdiction of Family Court at Palakkad. The Family Court, Palakkad as well as the Family Court, Thrissur have concurrent jurisdiction in view of Section 19 of the Hindu Marriage Act. TPC No.320/2008 3 5. Taking into account the facts and circumstances of the case, I am inclined to allow the Transfer Petition. I am of the view that hardship that would be caused to the wife if she is compelled to attend the Family court at Thrissur would be much more than the hardship that would be caused to the husband if he is directed to attend the Family Court at Palakkad. Accordingly, the Transfer Petition is allowed. O.P.No. 519/08 pending before the Family Court, Thrissur shall stand transferred to the Family Court, Palakkad. The Registry shall send a copy of the order to the Family Court, Thrissur and the Family Court, Palakkad. K.T.SANKARAN, JUDGE csl