IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 Tr.P(C).No. 369 of 2010() ------------------------- OP.653/2010 OF FAMILY COURT, PALAKKAD .................... PETITIONER/RESPONDENT ----------------------------------------- SHEEJA, AGED 36 YEARS, D/O.VASUDEVAN AND W/O.GOPINATHAN, RESIDING AT NEELAN KUNNATHU HOUSE, ARATTUPUZHA P.O., THRISSUR DISTRICT. BY ADV. SRI.P.SANJAY SMT.A.PARVATHI MENON SRI.BIJU MEENATTOOR RESPONDENT(S): PETITIONERS ------------------------------------------- GOPINATHAN, AGED 39 YEARS, S/O.JANARDHANAN, CHEERANDINJALAIL HOUSE, EZHUMANGADU DESOM, THIRUMITTAKODE AMSOM, OTTAPPALAM TALUK, PALAKKAD DISTRICT. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------ Tr.P.(C).No.369 of 2010 ------------------------------------- Dated this the 8th day of March, 2011 O R D E R The petitioner is the wife of the respondent. She and her minor son filed M.C.No.413 of 2010 on the file of the Family Court, Thrissur against the respondent claiming maintenance. M.C.No.413 of 2010 is pending. After the filing of M.C.No.413 of 2010, the respondent filed O.P.No.653 of 2010 on the file of the Family Court, Palakkad against the petitioner for divorce. That case is also pending. The prayer made by the petitioner is to transfer O.P.No.653 of 2010 from the Family Court, Palakkad to the Family Court, Thrissur. 2. The petitioner is residing within the jurisdiction of the Family Court, Thrissur. It is stated that she is undergoing treatment in the Medical College Hospital, Tr.P.C.No.369 of 2010 2 Thrissur for cardiac diseases. It is also stated that the petitioner's minor son had undergone a major heart surgery on 30.5.2008. The petitioner is unemployed. It is stated that in these circumstances, she is not in a position to attend the Family Court, Palakkad and conduct O.P.No.653 of 2010. 3. Though the respondent was served with notice, there is no appearance for the respondent. 4. The petitioner relies on Annexure P1 and Annexure P2 medical certificates to show the illness of the petitioner and her son. The marriage between the parties took place within the jurisdiction of the Family Court, Thrissur. Taking into account the facts and circumstances of the case, I am of the view that it is only just and proper to transfer the case pending before the Family Court, Palakkad to the Family Court, Thrissur where M.C.No.413 of 2010 is pending. Tr.P.C.No.369 of 2010 3 5. The Supreme Court in Sumita Singh vs. Kumar Sanjay and another (2001 (10) SCC 41), Rajwinder Kaur vs. Balwinder Singh (2003(11) SCC 726) and Mangla Patil Kale vs. Sanjeev Kumar Kale (2003(10) SCC 280) held that the inconvenience caused to the wife, if no transfer is made, should be taken note of. Accordingly, the Transfer Petition is allowed. O.P.No.653 of 2010 pending before the Family Court, Palakkad shall stand transferred to the Family Court, Thrissur. The Family Court, Palakkad shall transmit the records to the Family Court, Thrissur. K.T.SANKARAN JUDGE csl