IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 Tr.P(C).No. 72 of 2011() ------------------------ OP.1373/2010 of FAMILY COURT,TRIVANDRUM .................... PETITIONER/COUNTER PETITIONER ------------------------------------------------- SANTHI S.KUMAR, AGED 23 YEARS, D/O.P.V.SASIKUMAR, PULIKAPARAMBIL VEEDU, KARUMADI P.O., AMBALAPUZHA, ALAPPUZHA. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMARAN SRI.GEORGE MATHEW SRI.DIPU JAMES SRI.ARUN ALEX RESPONDENT(S): PETITIONER ------------------------- SABARISH.M.P., AGED 32 YEARS, S/O.R.C.PRATHAP, SABARIGIRI, KARAVAZHA, CHERUVICKAL P.O., SREEKARIYAM, THIRUVANANTHAPURAM, PIN-695 017. ADV. SRI.PRATHEESH.P THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.P(C).No. 72 of 2011() PETITIONER'S ANNEXURES: ANN.A1: COPY OF OP NO.708/2010 DTD.9.7.2010 ANN.A2: COPY OF OP NO.1373/2010 DTD. 20.10.2010 RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO JUDGE K.T.SANKARAN, J. --------------------------------- Tr.P(C) No.72 OF 2011 --------------------------------- Dated this the 23rd day of June, 2011 ORDER The petitioner is the wife of the respondent. The petitioner filed OP No.708 of 2010 before the Family Court, Alappuzha against the respondent for divorce, return of money and for maintenance. It is stated that after receiving notice in OP No.708 of 2010, the respondent filed OP No.1373 of 2010 before the Family Court, Thiruvananthapuram against the petitioner for restitution of conjugal rights. Both these cases are pending. 2. The prayer of the petitioner is to transfer O.P.No.1373 of 2010 pending before the Family Court, Thiruvananthapuram to the Family Court, Alappuzha. 3. The petitioner belongs to Alappuzha and the respondent belongs to Thiruvananthapuram. It is stated that the petitioner is not in a position to undertake a long distance travel from Alappuzha to Thiruvananthapuram to conduct the case at Family Court, Thiruvananthapuram. It is also pointed out that the respondent has to Tr.P(C) No.72 OF 2011 2 appear before the Family Court, Alappuzha to conduct OP No.708 of 2010 and therefore, no prejudice would be caused if the case pending before the Family Court, Thiruvananthapuram, is transferred to the Family Court, Alappuzha. 4. The Supreme Court in Sumitha Singh v. Kumar Sanjay and another ((2001) 10 SCC 41), Mangla Patil Kale v. Sanjeev Kumar Kale ((2003)10 SCC 280) and Rajwinder Kaur v. Balwinder Singh ((2003)11 SCC 726) held that the inconvenience caused to the wife, if no transfer is made, should be taken note of. Taking into account the facts and circumstances of the case, the Transfer Petition is allowed. OP No.1373 of 2010 Family Court, Thiruvananthapuram shall stand transferred to the Family Court, Alappuzha. The Family Court, Thiruvananthapuram shall transmit the records to the Family Court, Alappuzha. The parties shall appear before the Family Court, Alappuzha on 25th July, 2011. K.T.SANKARAN, JUDGE. cms