IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 Tr.P(C).No. 28 of 2011() ------------------------ OP.616/2010 & 615/2010 OF FAMILY COURT,THRISSUR .................... PETITIONER/RESPONDENT ----------------------------------------- MRS.GAADHA P.S., D/O.SASI, PANTHITHARA HOUSE, PALACE ROAD, WARD NO.4, N.PARAVUR, ERNKULAM DISTRICT. BY ADV. SRI.SHAIJAN C.GEORGE SRI.JOHN VIPIN SMT.S.REKHA KUMARI SMT.SAJITHA GEORGE SRI.ABHISHEK KURIAN RESPONDENT(S): PETITIONER -------------------------------------------- UNNIKRISHNAN.K., S/O.RAMANKUTTY, AGED 35 YEARS, KAIPANKUNNATH HOUSE, TRIKALOOR P.O. THACHAMPARA, MANNARKAD, PALGHAT DISTRICT, NOW RESIDING AT EDEN PARK, FLAT NO.401,PLOT NO.47, SECTOR 9, NEW PANVEL WEST, NAVU MUMBAI. ADV. SMT.P.A.SHEEJA THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------ Tr.P.(C).No.28 of 2011 ------------------------------------ Dated this the 8th day of March, 2011 ORDER The respondent filed O.P.No.615 of 2010 on the file of the Family Court, Thrissur against the petitioner for divorce. The respondent also filed O.P.No.616 of 2010 before the Family Court, Thrissur for custody of the child. Both these cases are pending before the Family Court, Thrissur. 2. The prayer made by the petitioner in this Transfer Petition is to transfer the aforesaid two cases to the Family Court, Ernakulam. 3. The petitioner belongs to Paravur in Ernakulam District. The respondent belongs to Thachampara in Mannarkad Taluk, Palakkad District. He is working in Mumbai. It is stated that there is nobody to accompany the Tr.P.(C) No.28/2011 2 petitioner to Thrissur. She is not in a position to travel alone and to attend the Family Court, Thrissur. It is pointed out that the respondent is working in Mumbai and it does not matter for him whether the case is tried by the Family Court, Thrissur or the Family Court, Ernakulam. It is pointed out that the petitioner has to maintain her child aged 3 1/2 years and it would be difficult for her to appear before the Family Court, Thrissur. 4. The Supreme Court in Sumita Singh vs. Kumar Sanjay and another (2001 (10) SCC 41), Rajwinder Kaur vs. Balwinder Singh (2003(11) SCC 726) and Mangla Patil Kale vs. Sanjeev Kumar Kale (2003(10) SCC 280) held that the inconvenience caused to the wife, if no transfer is made, should be taken note of. 5. Taking into account the facts and circumstances of the case, I am of the view that it is only just and proper to Tr.P.(C) No.28/2011 3 transfer the aforesaid two cases from the Family Court, Thrissur to the Family Court, Ernakulam. Accordingly, the Transfer Petition is allowed. O.P.Nos.615 of 2010 and 616 of 2010 pending before the Family Court, Thrissur shall stand transferred to the Family Court, Ernakulam. The Family Court, Thrissur shall transmit the records of the above cases to the Family Court, Ernakulam. The parties shall appear before the Family Court, Ernakulam on 6.4.2011. K.T.SANKARAN JUDGE csl