IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 Tr.P(C).No. 262 of 2011() ------------------------- OP.1066/2011 of FAMILY COURT,ERNAKULAM .................... PETITIONER/COUNTER PETITIONER IN OP: ------------------------------------------------------- SANDHYA, AGED 27 YEARS, D/O.GOPAKUMAR, SAJITH BHAVAN, GOVINDAMANGALAM, OORUTTAMBALAM.P.O., THIRUVANANTHAPURAM. BY ADV. SRI.R.GOPAN RESPONDENT/PETITIONER IN O.P: --------------------------------- SUNIL KUMAR.M.K., AGED 32 YEARS, S/O.K.KRISHNA PILLAI, KALARIPARAMBIL HOUSE, ELOOR NORTH, UDYOGAMANDAL.P.O., PIN-683 501, ERNAKULAM DISTRICT. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.P(C).No. 262 of 2011 APPENDIX PETITIONER'S EXHIBITS: Annexure-A: TRUE COPY OF O.P.NO.1066/2011 FILED BY RESPONDENT BEFORE the FAMILY COURT, ERNAKULAM DTD 01.06.2011 Annexure-B: TRUE COPY OF NOTICE IN.OP.NO.1066/2011 FILED BY RESPONDENT BEFORE the FAMILY COURT, ERNAKULAM Annexure-C: TRUE COPY OF O.P.NO.1132/2011 FILED BY the PETITIONER BEFORE the FAMILY COURT, ERNAKULAM RESPONDENT'S EXHIBITS: NIL /True Copy/ P.A to Judge THOMAS P. JOSEPH, J. ---------------------------------------- Tr.P(C).No.262 of 2011 --------------------------------------- Dated this 11th day of November, 2011 ORDER Respondent though served has not appeared. 2. Petitioner/wife has sought transfer of O.P.No.1066 of 2011 from the Family Court, Ernakulam to the Family Court, Thiruvananthapuram. That original petition is filed by the respondent/husband for a declaration that his marriage with petitioner is null and void. Petitioner has filed O.P.No.1132 of 2011 in the Family Court, Thiruvananthapuram against respondent for return of gold ornaments, money etc. Learned counsel states that petitioner is staying at her paternal home at Govindamangalam, Thiruvananthapuram, that there is nobody to accompany her to Ernakulam and that she has to travel a long distance. 3. It is revealed that original petition filed by the petitioner is pending consideration before the Family Court, Thiruvananthapuram. In connection with that case, respondent has to appear in that Court. No request for transfer of that case is made so far. It is appropriate that both the proceedings are tried and disposed of by the same Court as that will be more Tr.P(C).No.262 of 2011 -: 2 :- convenient to both the parties. 4. The Supreme Court in Sumitha Singh Vs. Sanjay Kumar & Another (AIR 2002 SC 396) and Arti Rani Lrs. Pinki Devi and Another Vs. Darmendra Kumar Gupta (2008 (9) SCC 353) has stated that while considering the request for transfer in matrimonial proceedings convenience of the wife has to be looked into. In the present case petitioner/wife, aged 26 years is residing at Govindamangalam, in Thiruvananthapuram district. She has to travel from that place to Ernakulam to contest O.P.No.1066 of 2011. Having regard to the distance and considering the age of petitioner I am inclined to think that comparative hardship of petitioner to reach Ernakulam outweighs the inconvenience respondent would suffer. In the circumstances I am inclined to think that circumstances warranted that the case is transferred to the Family Court, Thiruvananthapuram. Resultantly this petition is allowed as follows: (i) O.P.No.1066 of 2011 pending in the Family Court, Ernakulam is withdrawn from that court and made over to the Family Court, Thiruvananthapuram. Tr.P(C).No.262 of 2011 -: 3 :- (ii) The transferor court shall transmit records of the case to the transferee court with due intimation to the counsel on both sides as to the date of appearance in the transferee court. (iii) It is made clear that except when the physical presence of respondent is necessary, it is open to him to appear through counsel in the transferee court. (iv) The Family Court, Thiruvananthapuram is directed to post all the cases between petitioner and the respondent and pending in that Court, as far as possible on the same dates. (THOMAS P. JOSEPH, JUDGE) Sbna/-