IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 Tr.P(C).No. 5 of 2010() ----------------------- OP.1500/2009 of FAMILY COURT, NEDUMANGAD .................... PETITIONERS/RESPONDENT ------------------------------------------ MEERA KRISHNAN, AGED 27, D/O.E.K.UNNIKRISHNAN, MAHAL, RAMANTHALI (PO), TALIPARAMBA, KANNUR. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENT/ PETITIONER ------------------------- PAVAN.C.ADIYODI, 37 YRS, SWAPNA, ASHRAM ROAD NETTAYAM KACHANI (PO), PEROOR KADU VILLAGE, THIRUVANANTHAPURAM. ADV. SRI.B.PREMNATH (E) THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/10/2010, ALONG WITH TPC NO. 6 OF 2010. THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Tr.P(C).Nos.5 and 6 of 2010 --------------------------------------- Dated this 18th day of October, 2010 ORDER These petitions are for transfer of O.P.Nos.1500 and 1501 of 2009 from Family Court, Nedumangad to Family Court, Kannur. The said petitions are filed by the respondent/husband for custody of the minor child and for restitution of conjugal rights. Petitioner/wife, it is not disputed is a resident of Taliparamba, in Kannur District while respondent is a permanent resident of Trikkaripur in Kannur District but now staying at Thiruvanathapuram in connection with his employment as a Software Engineer (learned counsel for respondent was however not able to say about the permanent residence of respondent). Learned counsel for petitioner states that she has to travel all the distance from kannur to Nedumangad to contest the cases. Learned counsel for respondent states that if the cases are transferred to Kannur it may not be possible for respondent to appear in that court and it may also affect his employment as a Software Engineer at Thiruvananthapuram as he has to often take leave. As I stated, fact of residence of petitioner at Taliparamba is not disputed. Petitioner is aged about 27 years. Tr.P(C).Nos.5 and 6 of 2010 : 2 : The distance from Kannur to Thiruvanathapuram is more than 500 kms even going by train and from Thiruvananthapuram petitioner has to travel by bus to reach Nedumangad. It may even take 2 days for her to go to Nedumangad and same time to return to her place of residence. Petitioner/wife is aged 27 years, has necessarily to be accompanied by some relatives which involves expense also. 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) stated that while considering request for transfer in matrimonial proceedings convenience of the wife has to be looked into. Having regard to the facts and circumstances of the case I am inclined to think that comparative hardship of petitioner/wife if the cases continued at Nedumangad is much more than the hardship that respondent may be put to, if the cases are transferred to Family Court, Kannur. I must also bear in mind that petitioner has filed M.C.No.483 of 2008 in the Family Court, Kannur claiming maintenance from respondent and that petition is pending in that court. In connection with that case respondent has to go to that court. So far, no request for transfer of that case is made by respondent. In the Tr.P(C).Nos.5 and 6 of 2010 : 3 : circumstances stated above I am inclined to allow the transfer requested by petitioner/wife. Resultantly this petition is allowed in the following lines: (i) O.P.Nos.1500 of 2009 and 1501 of 2009 pending in Family Court, Nedumangad are withdrawn from that court and made over to Family Court, Kannur. (ii) The transferor court shall transmit records of the cases to the transferee court with due intimation to counsel on both sides as to the date of appearance in transferee court. (iii) Transferor court shall ensure that all the cases between the parties are posted as far as possible on the same dates. (iv) It is made clear that except when physical presence of respondent is required, he can appear through counsel in the transferee court. (THOMAS P JOSEPH, JUDGE) Sbna/-