IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 Tr.P(C).No. 339 of 2009() ------------------------- OP.1747/2009 of FAMILY COURT,ERNAKULAM .................... PETITIONER: ------------------ SWEETY DAVID, AGDED 24 YEARS, D/O. LATE DAVID, CHIRAYATH ALUKKAL, ST. PAUL STREET, KURIYACHIRA KARA, TRICHUR DIST. BY ADV. SMT.K.T.LILLY @ LILLY JAMES RESPONDENT: --------------- JINSON JOLLY, AGED 29 YEARS S/O. JOLLY, CHEERAKATHIL HOUSE, KURUMASSERY.P.O., PARAKKADAVU VILLAGE, ALUVA THALUK. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Tr.P.C.No. 339 of 2009 --------------------------------------- Dated this 01st day of July, 2010 ORDER Notice to the respondent is served on his counsel in the court below as per order of this court dated 01-12-2009. On 14-01-2010 this court ordered that service on respondent is sufficient. There is no response for the respondent. 2. This petition is for transfer of O.P.No.1747 of 2009 from Family Court, Ernakulam to Family Court, Thrissur. It is stated by petitioner/wife that she is a resident of Kuriyachira in Thrissur district is unemployed and is unable to travel the long distance to Ernakulam to conduct the case. It is also stated that respondent who is permanent resident of Aluva Taluk is presently working abroad and hence transfer of the case to Family Court, Thrissur will not in any way prejudicially affect him. 3. 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) it is stated that while considering request for transfer in matrimonial proceedings convenience of the wife has to be looked into. Petitioner, a young lady aged 24 years has to travel from her place of residence to Ernakulam. She has to be accompanied by Tr.P.C.No.339 of 2009 : 2 : somebody. Transfer of the case to Family Court, Thrissur will not in any way cause much inconvenience to the respondent. In the circumstance I am inclined to allow the petition. Resultantly this petition is allowed and O.P.No.1747of 2009 pending in Family Court, Ernakulam is withdrawn from that court and transferred to Family Court, Thrissur. 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. (THOMAS P JOSEPH, JUDGE) Sbna/-