IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 Tr.P(C).No. 375 of 2011() ------------------------- OP.1017/2010 of FAMILY COURT, NEDUMANGADU .................... PETITIONER: -------------------- SMT. SREEDEVI, AGED 30 DO/.MANI TC.28/697 PUNNAPURAM, VALAKKAVU PO THIRUVANANTHAPURAM PRESENTLY RESIDING AT THAIKATTIL HOUSE, VALAPAYA, THRISSUR. BY ADV. SRI.THIYYANNOOR RAMAKRISHNAN SRI.ARUN KUMAR.P SMT.AMBIKA RADHAKRISHNAN RESPONDENT: --------------- SURESH KUMAR, AGED 42 S/O.THANKACHAN, RESIDING AT MANJU BHAVAN KARAKULAM , CHEKAKONAM PO, THIRUVANANTHAPURAM DISTRICT 695 564. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS ANNEXURE 1:- TRUE COPY OF THE OP 1042/2011 FILED BY PETITIONER BEFORE THE FAMILY COURT, THRISSUR. ANNEXURE 2- TRUE COPY OF THE MC.267/2011 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, THRISSUR. ANNEXURE 3:- TRUE COPY OF THE PETITION FOR DIVORCE IN OP.10172/10 BEFORE THE FAMILY COURT, NEDUMANGAD. ANNEXURE 4:-TRUE COPY OF THE CERTIFICATE ISSUED BY HEAD MISTRESS GOVT U.P.SCHOOL, RAMAVARAMPURAM, THRISSUR. RESPONDENTS' EXHIBITS : NIL /True Copy/ P.A to Judge THOMAS P. JOSEPH, J. ---------------------------------------- Tr.P(C).No.375 of 2011 --------------------------------------- Dated this 06th day of December, 2011 ORDER Respondent is served. 2. This petition is filed by the wife seeking transfer of O.P.No.1017 of 2010 from the Family Court, Nedumangad to the Family Court, Thrissur. It is stated that petitioner has filed O.P.No.1042 of 2011 for return of gold ornaments and M.C.No.267 of 2011 for maintenance for herself and the children, both in the Family Court, Thrissur against the respondent and those proceedings are pending. Petitioner is residing at Valapaya, in Thrissur district and has to travel long distance to reach Nedumangad. In the circumstance 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 the request for transfer in matrimonial proceedings convenience of the wife has to be looked into. Since two proceedings are already pending in the Family Court, Thrissur respondent has to attend that Court to contest those cases. Respondent has not prayed for transfer of Tr.P(C).No.375 of 2011 -: 2 :- proceedings pending in Family Court, Thrissur. It is appropriate that all the cases are consolidated in the same Court. Since petitioner is residing at Valapaya, in Thrissur district and she has to travel long distance to Nedumangad, I am inclined to think that comparative hardship is more on petitioner if request for transfer is not allowed. It is appropriate that O.P.No.1017 of 2010 pending in Family Court, Nedumangad is transferred to the Family Court, Thrissur. Resultantly this petition is allowed as follows: (i) O.P.No.1017 of 2010 pending in Family Court, Nedumangad is withdrawn from that court and made over to Family Court, Thrissur. (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, Thrissur is directed to post all the cases between petitioner and respondent pending in that Court and transferred to it as far as possible, on the same dates. (THOMAS P. JOSEPH, JUDGE) Sbna/-