IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 Tr.P(C).No. 230 of 2011() ----------------------------------- OP.504/2011 of FAMILY COURT, THIRUVALLA TO THE FAMILY COURT, ALAPPUZHA. .................... PETITIONER/RESPONDENT IN OP.504/11 BEFORE FAMILY COURT, THIRUVALLA. ----------------------------------------------------------- RESMI. R., D/O.RAMAKUMARI, KRISHNAPURATHU, AVALOOKUNNU P.O., KOMALAPURAM, ALAPPUZHA. BY ADV. SRI.JOHN BRITTO RESPONDENT/PETITIONER IN OP.504/11 BEFORE FAMILY COURT, THIRUVALLA ---------------------------------------------------------- BINUKUMAR B., S/O.BALAKRISHNA PILLAI, RETNALAYAM, VALLAMKULAM P.O., ERAVIPEROOR VILLAGE, PATHANAMTHITTA-687 646. BY ADV. SRI.VINCENT JOSEPH. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Tr.P(C).No. 230 of 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE-I: COPY OF THE PETITION DATED NIL IN O.P. NO.504/2011 ON THE FILES OF THE FAMILY COURT, THIRUVALLA. ANNEXURE-II: COPY OF THE APPLICATION DATED 03/09/2010 IN M.C. NO.47/2010 ON THE FILE OF CJM, ALAPPUZHA. RESPONDENTS ANNEXURES: NIL. //TRUE COPY// P.A. TO JUDGE rs THOMAS P JOSEPH, J. ---------------------------------------- Tr.P(C).No.230 of 2011 --------------------------------------- Dated this 22nd day of August, 2011 JUDGMENT Respondent appears through counsel. 2. This petition is filed by the wife seeking transfer of O.P.No.504 of 2011 from Family Court, Thiruvalla to Family Court, Alappuzha. It is stated that petitioner/wife is staying with her aged mother, her father having expired, at Komalapuram, in Alappuzha district. She has filed a case against respondent under the provisions of Protection of Women from Domestic Violence Act, 2005 (for short, "the Act”) as M.C.No.47 of 2010 which is pending consideration in the Court of learned Chief Judicial Magistrate, Alappuzha. It is stated that petitioner finds it difficult to travel the distance from her place of residence to Family Court, Thiruvalla. Hence the request for transfer. 3. Petition is opposed by the respondent. It is contended that if the case is transferred respondent will have to travel long distance and there is no justifiable reason for transfer of the case. 4. 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 Tr.P(C).No.230 of 2011 -: 2 :- (9) SCC 353) has stated that while considering the request for transfer in matrimonial proceedings convenience of the wife has to be looked into. It is not disputed that M.C.No.47 of 2010 filed by petitioner under the provisions of the Act is pending consideration in the Court of learned Chief Judicial Magistrate, Alappuzha. No request for transfer of that case is made by the respondent on any ground whatsoever. Necessarily to contest that case respondent has to got to Alappuzha. It is seen that petitioner is aged about 29 years while respondent is aged about 36years. Learned counsel submits that father of petitioner is no more and she is staying with her aged mother. 5. Having considered the rival contentions I am inclined to think that comparative hardship is more on petitioner/wife. Hence I am inclined to allow the request for transfer. I make it clear that hardship of respondent can be reduced by directing that he need appear in the transferee court through counsel except when his physical presence is required. Resultantly this petition is allowed in the following lines: (i) O.P.No.504 of 2011 pending in Family Court, Thiruvalla is withdrawn from that court and made over to Family Court, Alappuzha. Tr.P(C).No.230 of 2011 -: 3 :- (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. (THOMAS P JOSEPH, JUDGE) Sbna/-