IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 TR.P(C).NO. 86 OF 2010() ----------------------------------- OPHMA.1691/2009 OF FAMILY COURT,THRISSUR .................... PETITOINER: -------------------- LIJA MOL, W/O. BAIJU, CHEMPRASSERY NIKARATHIL HOUSE, KUMBALAM PO, ERNAKULAM. BY ADV. SRI.ALEXANDER GEORGE RESPONDENT(S): --------------------------- BAIJU,S/O. K.V.JANARDANAN, KUNJUMAKKUM PURAKKAL HOUSE,EDAVILANGA, KODUNGALOOR. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Tr.P(C) No.86 of 2010 ==================================== Dated this the 13th day of July, 2010 O R D E R Respondent is served on this petition but he has not turned up. 2. Petitioner-wife seeks transfer of O.P(HMA) No.1691 of 2010 from Family Court, Thrissur to Family Court, Ernakulam. It is stated that she has filed O.P. No.2031 of 2009 and M.C. No.70 of 2010 against respondent-husband in Family Court, Ernakulam. It is also stated that she is a resident of Kumbalam, near Ernakulam while respondent belongs to Edavilanga in Kodungalloor. According to the petitioner if O.P(HMA) No.1691 of 2009 continued in Family Court, Thrissur she has to travel a lot. It is also stated that there is nobody to accompany her to Thrissur to attend the court there. 3. 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 Tr.P(C) No.86 of 2010 -: 2 :- proceedings convenience of the wife has to be looked into. That of course does not mean that the inconvenience of the husband has to be ignored. Petitioner has pointed out that two cases she has filed against the respondent are pending in Family Court, Ernakulam. Petitioner is a resident of Kumbalam which is very near to Ernakulam. Respondent being a resident near Kodungalloor, it will not be much inconvenient to him to come to Ernakulam considering the distance between the two places. He has to attend Family Court, Ernakulam to contest the two cases pending against him in that court. In the circumstances transfer of the case pending in Family Court, Thrissur to Family Court, Ernakulam will be of much help to the petitioner while it will not cause much inconvenience to the respondent. Hence I am inclined to allow this petition. Resultantly, petition is allowed as follows: (i) O.P(HMA) No.1691 of 2009 pending in Family Court, Thrissur is withdrawn from that court and transferred to Family Court, Ernakulam for disposal. Tr.P(C) No.86 of 2010 -: 3 :- (ii) The transferor court while transmitting records of the case to the transferee court shall fix date for appearance of the parties in the transferee court with due intimation to the counsel for both parties. (iii) The transferee court shall, as far as possible post all the cases involving petitioner and respondent on the same dates. THOMAS P. JOSEPH, JUDGE. vsv