IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 TR.P(C).NO. 140 OF 2010() ----------------------------------------- OP.580/2008 OF FAMILY COURT,KOLLAM .................... PETITIONER/RESPONDENT ----------------------------------------- ANZARI, AGED 67 YEARS, S/O.MOHAZINASAIT, RAINBOW, NELLETTIL CHERRY, BHOOTHAKULAM VILLAGE, KOLLAM. BY ADV. SRI.K.V.SABU RESPONDENT(S): PETITIONER ----------------------------------------------- JASEEMA, AGED 56 YEARS, D/O.FATHIMA, W/O.ANZARI, THAZHATH VEEDU, AIROOR P.O. AIROOR CHERRY, AIROOR VILLAGE, THIRUVANANTHAPURAM. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Tr.P(C) No.140 of 2010 ==================================== Dated this the 20th day of September, 2011 O R D E R Respondent though served, there is no response. 2. This petition is filed by the respondent seeking transfer of O.P. No.580 of 2008 from the Family Court, Kollam to the Family Court, Kottarakkara or Nedumangad. That is a petition filed by the respondent-wife for recovery of money. Petitioner states that he is aged 67 years and residing at Boothathakulam Village, in Kollam District. He also states that he finds it difficult to travel the long distance from his place of residence to Kollam to contest the case. It is further stated that counsel appearing for respondent in the Family Court is included in the panel of Councilors of that court. 3. Respondent is aged 56 years and as per the description in the cause title, she is residing at Airoor Village in Thiruvananthapuram District. The case is pending in Family Court, Kollam. The Supreme Court in Sumitha Singh v. Kumar Sanjay and another (AIR 2002 SC 396) and Arti Rani v. Dharmendra Kuma r Gupta ([2008] 9 SCC 353) has stated that Tr.p(C) No.140 of 2010 -: 2 :- while considering request for transfer of matrimonial proceedings convenience of the wife has to be looked into. 4. If the case is transferred to Family Court, Kottarakkara or Nedumangad, that will cause inconvenience to the respondent. If petitioner is aged 67 years and claimed to be sick, respondent as shown in the petition for transfer is aged 56 years. If the case is transferred to Family Court, Kottarakkara or Nedumangad, that will cause inconvenience to the respondent. Merely because counsel appearing for respondent in the Family Court is included in the panel of Councilors the case cannot be transferred to some other court. But to reduce the inconvenience that may be caused to the petitioner it is directed that he can appear in Family Court, Kollam through counsel except when his physical presence is required. Petition is dismissed with the above observation. All pending Interlocutory Applications will stand dismissed. THOMAS P. JOSEPH, JUDGE. vsv