IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 Tr.P(C).No. 147 of 2011() ------------------------- OP.57/2011 of FAMILY COURT, THODUPUZHA .................... PETITIONER ---------------------- JUBY @ ELEY, AGED 24 YEARS, D/O. SRI. MATHEW, RESIDING AT CHETHIMATTATHIL HOUSE, PINDIMANA KARA, PINDIMANA P.O., KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.GOPAKUMARAN NAIR SRI.C.S.DIAS SRI.N.K.SUBRAMANIAN RESPONDENT(S): --------------- SABU @ JOSEPH, AGED 30 YEARS, S/O. SRI. MATHEW, RESIDING AT POOVATHINKAL HOUSE, KANJIKUZHY KARA, KANJIKUZHY P.O., KANJIKUZHY VILLAGE, THODUPUZHA TALUK, IDUKKI-685 602. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- Tr.P.(C) No.147 OF 2011 --------------------------------- Dated this the 23rd day of June, 2011 ORDER The petitioner is the wife of the respondent. The petitioner filed OP No.968 of 2011 before the Family Court, Ernakulam against the respondent and his parents for recovery of money and ornaments. The respondent filed OP No.57 of 2011 before the Family Court, Thodupuzha against the petitioner for divorce. Both these cases are pending . 2. The prayer of the petitioner is to transfer OP No.57 of 2011 from the Family Court, Thodupuzha to the Family Court, Ernakulam. 3. The petitioner belongs to Enakulam District. The respondent belongs to Thodupuzha Taluk. It is stated that to attend the Family Court, Thodupuzha, the petitioner has to travel for about four hours. It is stated that the petitioner would be put to great prejudice if OP No.57 of 2011 is tried before the Family Court, Thodupuzha. It is stated that the petitioner's father is no more and Tr.P.(C) No.147 OF 2011 2 she is residing with her old mother. The petitioner states that she has no job and she is depending on her brother. 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, the hardship that would be caused to the petitioner if the case is not transferred from the Family Court, Thodupuzha and the fact that OP No.968 of 2011 is pending before the Family Court, Ernakulam, I am of the view that the Transfer Petition is liable to be allowed. Accordingly, the Transfer Petition is allowed. OP No.57 of 2011 on the file of the Family Court, Thodupuzha is transferred to the Family Court, Ernakulam. The Family Court, Thodupuzha shall Tr.P.(C) No.147 OF 2011 3 transmit the records to the Family Court, Ernakulam. K.T.SANKARAN, JUDGE. cms