IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 Tr.P(C).No. 49 of 2010() ------------------------ OP.1065/2009 of FAMILY COURT, MALAPPURAM .................... PETITIONER: -------------------- ANITHA SAM, AGED 39 YEARS,D/O.SAMUEL, PALLIYATH ANJILI VEETTIL HOUSE,KOZHENCHERRY.P.O, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.P.HARIDAS RESPONDENT:: --------------- P.M.PHILIPOSE, AGED 50 YEARS, MALAYIL HOUSE, CHUNGATHARA.P.O,THILAMPUR TALUK, MALAPPURAM DISTRICT. ADV. SRI.U.K.DEVIDAS FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Tr.(P).C.No. 49 of 2010 --------------------------------------- Dated this 07th day of June, 2010 ORDER Petitioner/wife seeks transfer of O.P.(Div.).No.1065 of 2009 from Family Court, Malappuram to Family Court, Thiruvalla. Petitioner states that she is residing at Kozhencherry in Pathanamthitta district and has to travel a lot to reach Family Court at Malappuram. It is her case that she has obtained decree for custody of the child in O.P.No.305 of 2009 of Family Court, Thiruvalla and suppressing that fact respondent filed petition in the Family Court, Malappuram. Learned counsel for respondent states that the child is now staying with the respondent at Malappuram and that if the case is transferred to the Family Court at Thiruvalla respondent has to travel a lot to reach Thiruvalla along with the child. 2. Respondent is residing at Chungathara in Malappuram district. If the case is transferred to Thiruvalla necessarily he has to travel a lot. Same is the case where petitioner has to travel from Kozhencherry to Malappuram if the case continues to be at Family Court, Malappuram. Having regard to these circumstances and also taking into account the convenience of the parties and less Tr.(P).C.No.49 of 2010 : 2 : inconvenience, I consider that it is proper to transfer the case to Family Court, Ernakulam so that both parties will not be inconvenienced that much. Resultantly this petition is allowed and O.P.(Div.).No.1065 of 2009 pending in Family Court, Malappuram is withdrawn from that court and made over to Family Court, Ernakulam for trial. The transferor court while transmitting the case records to the transferee court shall notify the date of appearance of parties in the transferee court with due intimation to counsel on both sides. (THOMAS P JOSEPH, JUDGE) Sbna/-