IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 Tr.P(C).No. 3 of 2011 TO TRANSFER O.P.NO.1394 OF 2009 FROM THE FILE OF THE FAMILY COURT, THRISSUR TO FAMILY COURT, KOLLAM AND TRYING IT ALONG WITH O.P.NO.570 OF 2010. PETITIONER --------------------- DR. SHABEENA, 'SHA' MAHAL, ARA-20, MUNDAKKAL EAST, MUNDAKKAL VILLAGE, KOLLAM-691001. BY ADV. SRI.K.SUBASH CHANDRA BOSE RESPONDENT: --------------- DR. ARUN AZEEZ, BIMBI MANZIL, ELAMPALLOOR, KUNDARAM, NOW WORKING AT HOLLY CROSS HOSPITAL, KOTTIYAM, KOLLAM-691597. BY ADV. SRI.B.MOHANLAL SRI.SAIJU S. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/02/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: I.A.NO.21/2011 IN TR.P.C.NO.3/2011 DISMISSED 10.2.2011 SD/- K.T.SANKARAN, JUDGE //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ Tr.P.(C). NO. 3 OF 2011 ------------------------------------------------------ Dated this the 10th day of February, 2011 O R D E R The petitioner, the wife of the respondent, filed O.P.No.570 of 2010 on the file of the Family Court, Kollam for recovery of money given at the time of marriage and thereafter and also the value of ornaments. That Original Petition is pending. The respondent/ husband filed O.P.No.1394 of 2009 before the Family Court, Thrissur for a declaration that the 'thalak' pronounced by him is complete in all respects and that there is no marital relationship between the petitioner and the respondent. O.P.No.1394 of 2009 is also pending. The prayer in the Transfer Petition is to transfer O.P.No.1394 of 2009 from the file of the Family Court, Thrissur to the Family Court, Kollam. 2. It is not in dispute that the marriage between the parties took place at Kollam. Both parties belong to Kollam. The petitioner says that she is a doctor practising at Kollam. She has a girl child aged about seven years, who is residing with her. The petitioner Tr.P.(C) NO.3 OF 2011 :: 2 :: says that the respondent is working at Holly Cross Hospital, Kottiyam, Kollam. Notice was taken to him in that address and it was served. It is submitted that if the petitioner is compelled to appear before the Family Court, Thrissur, she would be put to great hardship. 3. The respondent/husband, who is also a doctor by profession, contends that he is residing at Thrissur and that at present he is working at Perumbavoor. 4. In O.P.No.1394 of 2009 filed by the husband, it is stated that the marriage took place at Kollam. It is stated in the petition that the cause of action arose within the jurisdiction of the Family Court, Thrissur. In paragraph 10 of the Original Petition, it is stated that he is residing at Thrissur and that he was threatened by the wife and her people that under no circumstance he would be permitted to terminate the marital relationship. 5. Taking into account the comparative hardship of the parties if the case is transferred to the Family Court, Kollam, the fact Tr.P.(C) NO.3 OF 2011 :: 3 :: that O.P.No.570 of 2010 filed by the wife is pending before the Family Court, Kollam and also taking note of the other facts and circumstances mentioned above, I am of the view that it is only proper to transfer O.P.No.1394 of 2009 pending before the Family Court, Thrissur to the Family Court, Kollam. In the result, the Transfer Petition is allowed. O.P.No.1394 of 2009 pending before the Family Court, Thrissur shall stand transferred to the Family Court, Kollam. The Family Court, Thrissur shall transmit the records to the Family Court, Kollam. (K.T.SANKARAN) Judge ahz/