IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 Tr.P(C).No. 278 of 2011() ------------------------- AGAINST THE ORDER IN OP.1105/2010 IN OP.1220/2010 of FAMILY COURT, NEDUMANGAD .................... PETITIONER: -------------------- RAJANI S., AGED 37 YEARS,W/O.MANIKANDAN, RESIDING AT THUMPAYIL HOUSE, UDAYA NAGAR-91, KUNNIL, ASRAMAM P.O., KOLLAM DISTRICT. BY ADV. SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA) RESPONDENT: --------------- MANIKANTAN G., AGED 37 YEARS, S/O. GANGADHARAN PILLAI, RESIDING AT MANI MANDIRAM, MUDAPURAM P.O., CHIRAYINKEEZHU, THIRUVANANTHAPURAM-695 314. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.P(C).No. 278 of 2011 APPENDIX PETITIONER'S EXHIBITS: Annexure-A1: A TRUE COPY OF O.P.NO.1105/2010 FILED BY THE PETITIONER BEFORE the FAMILY COURT, KOLLAM Annexure-A2: A TRUE COPY OF M.C.NO.305/2010 FILED BY THE PETITIONER BEFORE the FAMILY COURT, KOLLAM Annexure-A3: A TRUE COPY OF the PETITION IN O.P.NO.1220/2010 FILED BY THE RESPONDENT BEFORE the FAMILY COURT, NEDUMANGAD RESPONDENT'S EXHIBITS: NIL /True Copy/ P.A to Judge THOMAS P. JOSEPH, J. ---------------------------------------- Tr.P(C).No.278 of 2011 --------------------------------------- Dated this 29th day of November, 2011 ORDER Respondent is served but there is no response. 2. This petition is filed by the wife seeking transfer of O.P.No.1220 of 2010 of the Family Court, Nedumangad to the Family Court, Kollam. That is a petition filed by the husband seeking divorce. Petitioner filed O.P.No.1105 of 2010 in the Family Court, Kollam against the respondent seeking return of gold ornaments, money etc. She has filed M.C.No.305 of 2010 in the same Court seeking maintenance from the respondent. It is stated that petitioner, aged 28 years is residing at Kollam along with her three year old child, under the care of her aged parents and that there is nobody to accompany her to the Family Court, Nedumangad. Hence the request for transfer. 3. The Supreme Court in Sumitha Singh Vs. Sanjay Kumar & Another (AIR 2002 SC 396) and Arti Rani Lrs. Pinki Devi and Another Vs. Darmendra Kumar Gupta (2008 (9) SCC 353) has stated that while considering request for transfer in matrimonial proceedings convenience of the wife has to be looked into. It is seen that two proceedings filed by petitioner are pending before the Family Court, Kollam. Respondent has not requested for transfer of the said cases. It is Tr.P(C).No.278 of 2011 -: 2 :- appropriate that all the cases are tried and disposed of by the same court. Petitioner is residing at Kollam. Moreover having regard to the distance and considering the age of petitioner, I am inclined to think that the comparative hardship of petitioner to reach Nedumangad outweighs inconvenience respondent may have to suffer. In the circumstances I am inclined to think that circumstances warranted that the case is transferred to Family Court, Kollam. Resultantly this petition is allowed as follows: (i) O.P.No.1220 of 2010 pending in the Family Court, Nedumangad is withdrawn from that court and made over to the Family Court, Kollam. (ii) The transferor court shall transmit records of the case to the transferee court with due intimation to the counsel on both sides as to the date of appearance in the transferee court. (iii) It is made clear that except when physical presence of respondent is necessary it is open to him to appear through counsel in the transferee court. (iv) The Family Court, Kollam is directed to post all the cases between petitioner and the respondent and pending in that Court, as far as possible on the same dates. (THOMAS P. JOSEPH, JUDGE) Sbna/-