IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 Tr.P(C).No. 34 of 2011() ------------------------ OPDIV.130/2010 of FAMILY COURT, THODUPUZHA .................... PETITIONER:/RESPONDENT :- -------------------------------------------- LINTA SEBASTIAN D/O.SEBASTIAN, AGED 29 YEARS, PANDIYAMMAKAL HOUSE, (PADINJAREMUNDIYANIPURATH) KURIYANADU P.O., KOTTAYAM DISTRICT. BY ADV. SRI.S.PRASANTH SRI.JAGADEESH LAKSHMAN RESPONDENT(S)/PETITIONER :- --------------------------------------------- BOBY ALEX, S/O.CHANDY, KUMBALANKAL HOUSE, THUDANGANADU KARA, MUTTAM VILLAGE, ELLUMPURAM P.O.-683 001, IDUKKI DISTRICT. ADV. SRI.VIJU ABRAHAM SRI.DINNY THOMAS THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt K.T.SANKARAN, J. ------------------------------ Tr.P(C).No.34 OF 2011 ------------------------------ Dated this the 10 th day of March, 2011 ORDER The prayer made by the petitioner in this Transfer Petition is to transfer OP (Div.) No.130 of 2010 pending before the Family Court, Thodupuzha to the Family Court, Ettumanoor. The respondent/husband filed OP (Div.)No.130 of 2010 for divorce. 2. It is stated that the distance from the petitioner's place to Thodupuzha is 60 kilometres whereas, the distance from her house to Ettumanoor is only 15 kilometres. It is also submitted that from the respondent's place to Ettumanoor, the distance is only 30 kilometres. 3. The petitioner has stated in the Transfer Petition that she is living with her aged mother and she has no brothers and sisters. The father of the petitioner is no more. She states that there is Tr.P(C).No.34 OF 2011 2 no one to help her to conduct the case at Thodupuzha. She is having a temporary job. 4. The respondent opposed the application. He contended that the petitioner is employed at Nattakam and she travels 34 kilometres everyday to attend the work. 5. Even if the case is transferred to the Family Court, Ettumanoor, the respondent has to travel only 30 kilometres. On the other hand, if the case is not transferred from Thodupuzha to Ettumanoor, the petitioner would have to travel a distance of 60 kilometres to attend the Family Court. It is true that the respondent has raised a contention that the distance from the place of residence of the petitioner to the Family Court, Thodupuzha is only less than 30 kilometres. 6. The Supreme Court in Sumitha Singh v. Kumar Sanjay and another ((2001) 10 SCC 41), Mangla Patil Tr.P(C).No.34 OF 2011 3 Kale v. Sanjeev Kumar Kale ((2003)10 SCC 280) and Rajwinder Kaur v. Balwinder Singh ((2003)11 SCC 726) held that the inconvenience caused to the wife, if no transfer is made, should be taken note of. 7. Taking into account the facts and circumstances of the case, I am of the view that it is only just and proper to transfer the case from the Family Court, Thodupuzha to the Family Court, Ettumanoor. Accordingly, the Transfer Petition is allowed. OP (Div.) No.130 of 2010 pending before the Family Court, Thodupuzha is transferred to the Family Court, Ettumanoor. The Family Court, Thodupuzha shall transmit the records to the Family Court, Ettumanoor. The parties shall appear before the Family Court, Ettumanoor on 7 th April, 2011. K.T.SANKARAN, JUDGE. cms