IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 Tr.P(C).No. 143 of 2011() ---------------------------------- OP.519/2011 IN of FAMILY COURT, ALAPPUZHA .................... PETITIONER/RESPONDENT. ------------------------------------------ M.V.ANISH, AGED 29 YEARS, S/O. VIJAYAN, VALATHATTIL HOUSE, MUTTUCHIRA VILLAGE, PUTHUSSERI KARA, AYAMKUDI, KOTTAYAM DISTRICT. BY ADV. SRI.RAJAGOPAL PADIPPURACKAL RESPONDENT(S): PETITIONER ---------------------------------------------- 1. KEERTHI T.C., AGED 20 YEARS, D/O. G.GOPI, VELLAKKATHARA HOUSE (THAKSHASHILA), THANNIRMUKKAM VILLAGE, SHANKAR JUNCTION, ALAPPUZAH DISTRICT. 688 001. 2. GOPAKUMAR @ GOPAN, AGED ABOUT 29 YEARS, S/O. APPU, MURAPPADI HOUSE, EZHUMATHURUTHU, AYAMKUDI P.O., KOTTAYAM DISTRICT. 686 001. R1 BY ADVS. SRI.T.JAYAKRISHNAN, SRI.NIDHI BALACHANDRAN. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/07/2011, ALONG WITH TRP(C) NO.244 OF 2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss TRP(C) NO.143/2011 APPENDIX PETITIONER'S ANNEXURES A1:- COPY OF THE OP(HMA) 484/11 ON THE FILE OF FAMILY COURT, KOTTAYAM AT ETTUMANOOR. AII:- COPY OF THE OP(HMA) 519/11 ON THE FILE OF FAMILY COURT, ALAPPUZHA. AIII:- COPY OF THE SUMMONS IN OP(HMA) 519/11 ON THE FILE OF FAMILY COURT, ALAPPUZHA. AIV:- COPY OF THE NOTICE IN IA. 1400/11 IN OP(HMA) 519/11 ON THE FILE OF FAMILY COURT, ALAPPUZHA. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.A.TO JUDGE tss THOMAS P JOSEPH, J. ---------------------------------------- Tr.P(C).Nos.143 and 244 of 2011 --------------------------------------- Dated this 26th day of July, 2011 ORDER Respondent in Tr.P(C).No.244 of 2011 appears through counsel. 2. These petitions are for transfer of the cases pending in two Family Courts to one Court. Tr.P(C).No.143 of 2011 is filed by the husband requesting transfer of O.P(H.M.A).No.519 of 2011 from Family Court, Alappuzha to Family Court, Kottayam at Ettumanoor. The wife has filed Tr.P(C).No.244 of 2011 requesting transfer of O.P(H.M.A).No.484 of 2011 from Family Court, Kottayam at Ettumanoor to Alappuzha. 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 request for transfer in matrimonial proceedings convenience of the wife has to be looked into. The wife aged about 20years is a resident of Thanneermukkom, in Alappuzha district. It is stated the she is unemployed, is depending on her parents and finds difficult to travel all the distance from her place of residence to Ettumanoor Tr.P(C).Nos.143 and 244 of 2011 -: 2 :- to contest the case. The husband, aged 29years is residing at Ayamkudi, in Kottaryam district though he is employed at Thrissur. 4. Having heard counsel on both sides and considered the hardship I am inclined to think that the comparative hardship is more on the wife if she has to travel all the distance from her place of residence to Ettumanoor. The young lady has to travel all the distance. If she is to be accompanied by anybody it involves much expenses. Moreover these cases are to be tried and disposed of by the same Court to avoid conflicting findings. In the circumstance, I am inclined to allow the request of the wife. Resultantly these petitions are disposed of in the following lines: (i) Tr.P(C).No.143 of 2011 is dismissed. (ii) Tr.P(C).No.244 of 2011 is allowed. O.P(H.M.A).No.484 of 2011 is withdrawn from Family Court, Kottayam at Ettumanoor and transferred to Family Court, Alappuzha. (iii) The transferee Court is directed to post O.P(H.M.A).No.519 of 2011 pending before it and O.P(H.M.A).No.484 of 2011 being transferred to it on the same dates as far as possible. Tr.P(C).Nos.143 and 244 of 2011 -: 3 :- (iv) 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. (v) Parties can appear through counsel in the transferee Court except when their physical presence is required. (THOMAS P JOSEPH, JUDGE) Sbna/-