IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 9TH AUGUST 2007 / 18TH SRAVANA 1929 Tr.P(C).No. 43 of 2007 ------------------------------ OP.883/2006 of FAMILY COURT, ALAPPUZHA ..................................... PETITIONER/RESPONDENT -------------------------------------- SUBHADEVI, AGED 46 YEARS, D/O. RAJAMALLI, PANCHAVADY HOUSE, NELLIMUGAL P.O., MANAKALA, PERINGANADU VILLAGE, ADOOR TALUK, PATHANAMTHITTA. BY ADV. SRI. K.SHAJ SRI.B.BALRAJ SRI.SAJJU.S RESPONDENTS/PETITIONER: ---------------------------------------- N.SASIDHARAN, AGED 53 YEARS, S/O. NARAYANAN, SRISAILAM HOUSE, IDAKUNNAM MURI, NOORANADU VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.R.REJI SMT.C.A.AJITHA SALAM THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/08/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J ===================== Tr.P.(C) No.43 OF 2007 ===================== Dated this the 9th day of August 2007 JUDGMENT This transfer petition is filed by the wife requesting for a transfer of O.P.No.883/2006 filed by the husband before the Family Court, Alappuzha to the Family Court, Thiruvalla for joint trial and disposal. The wife has filed O.P.No.820 of 2006 before the Family Court at Thiruvalla for divorce and the husband has filed O.P.883/2006 for restitution of conjugal rights before the Family Court at Alappuzha. It is averred that it is difficult for the wife to travel to Alappuzha whereas it will be convenient for the husband to reach Thiruvalla and therefore both the cases be tried by the Thiruvalla Family Court. After the amendment of the Hindu Marriage Act Section 19 confers jurisdiction to the court where the wife resides to entertain an application for divorce. So, it is a statutory right vested on the wife. 2. Considering the distance p, I find there will not be practically much difficulty for the husband to attend the Thiruvalla Family Court. Therefore, in the interest of justice, O.P.No.883/2006 filed by the husband has to be transferred to the Family Court at Thiruvalla. Therefore transfer Tr.P.(C)43/2007 -:2:- petition is allowed and O.P.No.883 of 2006 pending before the Family Court at Alappuzha is transferred to the Family Court at Thiruvalla where O.P.No.820 of 2006 is pending for joint trial and disposal. M.N.KRISHNAN, JUDGE Cdp/-