IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 Tr.P(C).No. 192 of 2010() ------------------------- OP 1725/2009 IN OP.1726/2009 of FAMILY COURT,THRISSUR .................... PETITIONER/PETITIONER ----------------------------------------- UMA.M.NAMBOODIRI,D/O.KRISHNAN, AGED 26 YEARS,PRESENTLY RESIDING AT E/16/2115, KARIKKASSERI HOUSE,KAZHUTHUMUTTU,THOPPUMPADY, ERNAKULAM DISTRICT. BY ADV. SMT.K.V.BHADRA KUMARI RESPONDENT(S): RESPONDENTS -------------------------- 1. VIKAS.P.C,S/O.KRISHNAN NAMBOODIRIPPAD, AGED 31 YEARS,PERINDIRI CHENNAS MANA,MAMMIYOOR.(PO), GURUVAYOOR. 2. KRISHNAN NAMBOODIRIPPAD,AGED 65 YEARS, PERINDIRI CHENNAS MANA,MAMMIYOOR(P.O), GURUVAYOOR. 3. INDIRA,W/O.KRISHNAN NAMBOODIRIPPAD, AGED 58 YEARS,PERINDIRI CHENNAS MANA, MAMMIYOOR(P.O),GURUVAYOOR. ADV. SRI.SREELAL N.WARRIER THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No.192 of 2010 -------------------------------------- Dated this the 26th day of July, 2010. ORDER Respondent Nos.1 to 3 are served but there is no response. 2. This petition is filed by the wife seeking transfer of O.P. Nos.1725 and 1726 of 2009 from Family Court, Thrissur to Family Court, Ernakulam. O.P.No.1725 of 2009 is filed by the petitioner seeking divorce from respondent No.1/husband. O.P.No.1726 of 2009 is also filed by petitioner against respondent Nos.1 to 3 for recovery of ornaments and other reliefs. It is stated that petitioner belongs to Ernakulam but considering the jurisdictional aspect both the petitions were filed before Family Court, Thrissur. At that time petitioner was working at Ernakulam and now she is transferred to Thiruvananthapuram. It is stated that it is difficult for petitioner to travel from Thiruvananthapuram to Thrissur to conduct the case. 3. As per statements in the petition petitioner belongs to Ernakulam and respondent Nos.1 to 3 are residing at Mammyoor, near Guruvayoor in Thrissur District. It is stated that petitioner is now working at Thiruvananthapuram and hence she has come from that place to Thrissur to conduct the cases. Petitioner has to travel a long distance and it involves much Tr.P.(C) No.192/2010 2 expenses also. The Supreme Court in Sumitha Singh v. Kumar Sanjay and another (AIR 2002 SC 396) and Arti Rani v. Dharmendra Kumar Gupta [(2008) 9 SCC 353] has stated that while considering request for transfer of matrimonial proceedings convenience of the wife has to be looked into. True that does not mean that inconvenience if any of the husband need not be considered. Since respondents are residing at Mammiyoor in Thrissur District transfer of the cases to Ernakulam will not cause that much inconvenience to them when compared to the inconvenience of petitioner. Having regard to the facts and circumstances of the case and considering all relevant aspects I am inclined to allow this petition. Resultantly this petition is allowed in the following lines: i. O.P. Nos.1725 and 1726 of 2009 pending in Family Court, Thrissur are withdrawn from that court and made over to Family Court, Ernakulam. ii. It is made clear that except when the physical presence of parties is required in the transferee court it is open to them to appear through counsel. Tr.P.(C) No.192/2010 3 iii. The transferor court shall, while transmitting records of the cases to the transferee court fix date for appearance of parties in the transferee court with due intimation to the counsel on both sides. iv. The transferee court shall as far as possible post both the cases on same dates. THOMAS P.JOSEPH, Judge. cks