IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 6TH JUNE 2011 / 16TH JYAISHTA 1933 Tr.P(C).No. 115 of 2011() ------------------------- GOP.2186/2010 of FAMILY COURT,THRISSUR .................... PETITIONER :- ----------------------- NOUSHIDA, D/O MUHAMMED KUNJAVA, PUTHUKKIDI VEEDU, SOOFI BAZAR, P.O.PARAVOOR, KOTTAKKAL, MALAPPURAM DISTRICT. BY ADV. SRI.V.V.ASOKAN SRI.P.P.RAMACHANDRAN RESPONDENT(S) :- ------------------------- MUHAMMED FAROOK, S/O MOIDUNNI, AMBALATH VEEDU, P.O.KECHERI, ERANELLUR, THRISSUR DISTRICT. ADV. SRI.K.A.SATHEESA BABU THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt K.T.SANKARAN, J. ------------------------------ Tr.P.C.No.115 OF 2011 ------------------------------ Dated this the 6th day of June, 2011 ORDER The petitioner was the wife of the respondent. The respondent pronounced talaq and divorced the petitioner on 14.10.2009. In the wedlock of the petitioner and the respondent, two children were born, a girl now aged 7 years and a boy now aged 4 years. The children are with their mother, namely, the petitioner. 2. The petitioner and the two minor children filed M.C.No.880 of 2010 before the Family Court, Malappuram claiming maintenance for the minor children. They also filed OP No.901 of 2010 before the Family Court, Malappuram claiming past maintenance for the children. These cases are pending before the Family Court, Malappuram. It is stated that the respondent entered appearance before the Family Court, Malappuram and thereafter filed G.O.P.No.2186 of 2010 before the Family Court, Thrissur for permanent custody of the minor children. Tr.P.C.No.115 OF 2011 2 3. The prayer made by the petitioner is to transfer G.O.P. No.2186 of 2010 from the Family Court, Thrissur to the Family Court, Malappuram. It is stated that the girl child is studying in Peevees Public School at Nilambur, which is a residential school. The second child is staying with the mother. The residence of the mother is at Paravoor, Kottakkal in Malappuram District. The respondent is residing at Kecheri in Thrissur District. It is stated that if the petitioner were to attend the Family Court, Thrissur with her children, she would be put to great hardship. It is stated that there is nobody to accompany her to Thrissur so as to attend the Family Court, Thrissur. It is pointed out that at any rate, the respondent has to attend the Family Court, Malappuram in M.C.No.880 of 2010 and OP No.901 of 2010 and therefore, even if G.O.P No.2186 of 2010 is transferred from the Family Court, Thrissur to the Family Court, Malappuram, no prejudice would be caused to the respondent. Tr.P.C.No.115 OF 2011 3 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. 5. Taking into account the facts and circumstances of the case, I am of the view that it is only just and proper to transfer G.O.P. No.2186 of 2010 from the Family Court, Thrissur to the Family Court, Malappuram. Such a course would be ideal to suit the general convenience of both the parties and to protect the interests of the minor children. Accordingly, the Transfer Petition is allowed. G.O.P. No.2186 of 2010 is transferred from the Family Court, Thrissur to the Family Court, Malappuram. The Family Court, Thrissur shall transmit the records to the Family Court, Malappuram. The Tr.P.C.No.115 OF 2011 4 parties shall appear before the Family Court, Malappuram on 4th July, 2011. K.T.SANKARAN, JUDGE. cms