IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 Tr.P(C).No. 83 of 2010() ------------------------ OP.114/2010 of FAMILY COURT,ERNAKULAM .................... PETITIONER/COUNTER PETITIONER IN OP 114/2010 ---------------------------------------------------------------- N.RAJALEKSHMY @ RAJI, D/O.NARAYANAN NAIR AMBIKA BHAVAN, VAYALA P.O., KOTTAYAM. BY ADV. SRI.RAJEEV V.KURUP SRI.ALEX.M.SCARIA RESPONDENT/PETITIONER IN OP 114/2010 ------------------------- ARUN, S/O.GOPALA KAIMAL, ASHOK BHAVAN, EDAKKATTUVAYAL, KANJIRAMATTOM, ERNAKULAM. ADV. SMT.K.MEKHA DINESH FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Tr.P.C.No.83 of 2010 --------------------------------------- Dated this 02nd day of June, 2010 ORDER Respondent is served. 2. Petitioner seeks transfer of O.P.No.114 of 2010 of Family Court, Ernakulam to Family Court, Ettumanoor. That petition was filed by respondent seeking a decree of restitution of conjugal rights. Petitioner states that she is a resident of Vayala, Ettumanoor. Respondent belongs to Kanjiramattom. According to the petitioner, she has to cover a long distance to come to Ernakulam. It is not that much inconvenient for respondent to go to Ettumanoor from his place of residence. The Supreme Court in Sumita Singh Vs. Kumar Sanjay (AIR 2002 SCC 396) has stated that in matrimonial proceedings when request for transfer is made conveyance of wife has to be considered. Having regard to the circumstances stated above I am inclined to allow the petition. Resultantly this petition is allowed. O.P.No.114 of 2010 pending in Family Court, Ernakulam is withdrawn from that court and transferred to Family Court, Ettumanoor. The transferor court while transmitting the case records to the transferee court shall notify the date of appearance of parties in the transferee court with due intimation to counsel on both sides. (THOMAS P JOSEPH, JUDGE) Sbna/-