IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 Tr.P(C).No. 132 of 2011 TO TRANSFER OP.1342/2010 FROM THE FAMILY COURT, THRISSUR TO THE FAMILY COURT, THIRUVANANTHAPURAM. PETITIONER: PETITIONER ------------------------------ SALABHA JOSEPH, AGED 23, D/O.JOSEPH PALAKKAL, PALAKKAL HOUSE, MANJADI, MALAYINKEEZHU, THIRUVANANTHAPURAM. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENT: RESPONDENT ------------------------- SHIJU V.J., AGED 30, S/O.V.V.JOSEPH, VADALIKKODAM HOUSE, ALAPPAT LANE, KANJANI ROAD, AYYANTHOL P.O., THRISSUR. ADV. SRI.P.SANTHOSH (PODUVAL) THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: I.A.NO.1005/2011 IN TR.P.(C) NO.132/2011 DISMISSED 20/6/2011 SD/- K.T.SANKARAN, JUDGE //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ Tr.P.(C). NO. 132 OF 2011 ------------------------------------------------------ Dated this the 20th day of June, 2011 O R D E R The petitioner is the wife of the respondent. The petitioner filed O.P.No.1301 of 2010 before the Family Court, Thiruvananthapuram against the respondent for divorce. The respondent/husband filed O.P.No.1342 of 2010 before the Family Court, Thrissur against the petitioner for restitution of conjugal rights. Both these cases are pending. 2. The prayer in the Transfer Petition is to transfer O.P.No.1342 of 2010, pending before the Family Court, Thrissur to the Family Court, Thiruvananthapuram. 3. The petitioner belongs to Thiruvananthapuram and the respondent belongs to Thrissur. It is alleged that the respondent filed the Original Petition before the Family Court, Thrissur only to harass the petitioner. She has a child of 1 ½ years of age. It is stated that the petitioner is not in a position to travel a long Tr.P.(C) NO.132 OF 2011 :: 2 :: distance from Thiruvananthapuram to Thrissur to attend the Family Court at Thrissur. The petitioner has to look after the child. The father of the petitioner is aged and ailing due to various diseases. 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 convenience of the wife should be taken note of while considering the question of transfer. 5. In the facts and circumstances of the case, the Transfer Petition is allowed. O.P.No.1342 of 2010 pending before the Family Court, Thrissur shall stand transferred to the Family Court, Thiruvananthapuram. The Family Court, Thrissur shall transmit the records to the Family Court, Thiruvananthapuram. The parties shall appear before the Family Court, Thiruvananthapuram on 18.7.2011. The learned counsel for the respondent submitted that the Tr.P.(C) NO.132 OF 2011 :: 3 :: respondent has raised a contention that the Family Court, Thiruvananthapuram has no jurisdiction to try O.P.No.1301 of 2010. It is also stated that an application for amendment of that Original Petition was filed by the wife and that application is pending. It is made clear that I have not expressed any opinion on the jurisdictional aspect in respect of O.P.No.1301 of 2010. (K.T.SANKARAN) Judge ahz/