IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 Tr.P(C).No. 87 of 2010() ------------------------ OP.1915/2009 of FAMILY COURT,ERNAKULAM .................... PETITIONER ------------------------------ SUCHITHRA, D/O.K.V.VENUGOPALAN NAIR, AGED 31 YEARS, SRI NIKETHANAM HOUSE, THATTAMPADI, EDAPPAL P.O., EDAPPAL AMSOM, PONNANIKKARA DESOM, MALAPPURAM DT., PONNANI TALUK. BY ADV. SMT.K.V.BHADRA KUMARI RESPONDENT(S): --------------- SANTHOSH KUMAR K.K., S/O.KRISHNAN NAIR, AGED 34 YEARS, KOTTARAPILLI HOUSE, MARAMPILLY VILLAGE, KUNNATHUNADU TALUK, MARAMPILLY (P.O), ALUVA 7, ERNAKULAM DT. ADV. SRI.GEORGE VARGHESE KIZHAKKAMBALAM THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No.87 of 2010 -------------------------------------- Dated this the 9th day of July, 2010. ORDER This petition is filed by the wife seeking transfer of O.P.No.1915 of 2009 from Family Court, Ernakulam to Family Court, Malappuram. That petition is filed by the respondent/husband against petitioner/wife for return of thali chain. It is stated by petitioner/wife that she is a resident of Edappal but she is working at C.H.C., Maranchery which according to the petitioner is about 5 kms. away from her place of residence. Hence the request for transfer. Learned counsel for respondent contends that though initiated at Family Court, Malappuram, in two cases petitioner is executing the order in the Family Court, Ernakulam. Hence, petitioner has no difficulty in coming to Family Court, Ernakulam. Learned counsel has also given me the distance to the respective courts from place of residence of parties. As per that statement, from Edappal to Malappuram the distance is 78 kms. From Edappal to Ernakulam it is around 140 kms. From Ernakulam to Malappuram the distance is about 160 kms. If the case is transferred to Malappuram, respondent has to travel about 160 kms. In case the matter continues at Family Court, Ernakulam, petitioner has to travel about 140 kms. It is suggested by learned counsel for respondent that in case the case is to be transferred from Family Court, Ernakulam, it may be to Family Court, Thrissur so that inconvenience caused to the respondent as well as petitioner could be lessened . 2. There is no case for petitioner that in connection with employment Tr.P.(C) No.87/2010 2 she is staying at Maranchery. Admittedly she is staying at Edappal and goes to her place of work every day. Distance from Edappal to Thrissur is only 45 kms. while from Edappal to Malappuram it is 78 kms. I consider that if the case is brought to Family Court, Thrissur it will be less inconvenient to the respondent and more convenient to the petitioner since if the case is transferred to Malappuram she has to travel more. Having regard to the circumstances stated by both sides I am persuaded to transfer the case to Family Court, Thrissur. Resultantly, this petition is allowed in the following lines: i. O.P.No.1915 of 2009 pending in Family Court, Ernakulam is withdrawn from that court and made over to Family Court, Thrissur. ii. I make it clear that except when the physical presence of the parties is required, it will be open to them to appear through counsel in the transferee court. iii. The transferor court shall, while transmitting records of the case to the transferee court fix the date for appearance of parties in the transferee court with due intimation to the counsel on both sides. I.A.Nos.805 of 2010 will stand dismissed. THOMAS P.JOSEPH, Judge. cks