IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932 Tr.P(C).No. 350 of 2010() ------------------------- OP.1881/2010 of FAMILY COURT,ERNAKULAM .................... PETITIONER (S): -------------------------- SHYNA K.R., AGED 35 YEARS, D/O.RAVEENDRAN, KOTTAKKAD VEEDU, KEEZHATINGAL P.O., ATTINGAL, THIRUVANANTHAPURAM. BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------- SALIM RAJ P.R., AGED 42 YEARS, S/O.P.RAVEENDRAN, SHAROOS HOUSE, KUREEKKAD P.O., ERNAKULAM-682305. ADV. SMT.KEERTHI SOLOMON FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------ Tr.P.(C).No.350 of 2010 ------------------------------------ Dated this the 3rd day of February, 2011 O R D E R The petitioner has filed this Transfer Petition praying to transfer O.P.No.1881 of 2010 pending before the Family Court, Ernakulam to the Family Court, Nedumangad, where M.C.No.307 of 2010 filed by her is pending. 2. The petitioner belongs to Attingal, Thiruvananthapuram. The marriage between the petitioner and the respondent took place at Attingal. It is stated that on 30.8.2010, she filed M.C.No.307 of 2010 before the Family Court, Nedumangad. It is stated that after receiving notice in that case, the respondent filed O.P.No.1881 of 2010 before the Family Court, Ernakulam praying for divorce. Both these cases are pending. Tr.P.(C) No.350 of 2010 2 3. Two children were born in the wedlock. The children are with the petitioner. The children are studying in Vidyadhiraja English Medium Higher Secondary School, Attingal. It is stated that if the petitioner is compelled to attend the Family Court at Ernakulam, she would be put to great hardship and inconvenience. On the other hand, there would be no hardship if the respondent is directed to appear before the Family Court, Nedumangad. Even otherwise, the respondent has to appear before the Family Court, Nedumangad since the maintenance case filed by the wife is pending there. 4. Learned counsel appearing for the respondent submitted that the respondent is employed as an Instrumental Technician at Cochin Refinery and it would be difficult for him to go to the Family Court, Nedumangad. 5. Heard the learned counsel for the petitioner and the Tr.P.(C) No.350 of 2010 3 learned counsel for the respondent. 6. Taking into account the facts mentioned above and also taking into account the comparative hardship for the parties, if the case is transferred from one court to the other and also taking note of the fact that the children are studying at Attingal, I am of the view that it is only just and proper to transfer O.P.No.1881 of 2010 pending before the Family Court, Ernakulam to the Family Court, Nedumangad, where M.C.No.307 of 2010 is pending. 7. The Supreme Court in Sumita Singh vs. Kumar Sanjay and another (2001 (10) SCC 41), Rajwinder Kaur vs. Balwinder Singh (2003(11) SCC 726) and Mangla Patil Kale vs. Sanjeev Kumar Kale (2003(10) SCC 280) held that the inconvenience caused to the wife, if no transfer is made, should be taken note of. Tr.P.(C) No.350 of 2010 4 Accordingly, the Transfer Petition is allowed. O.P.No.1881 of 2010 pending before the Family Court, Ernakulam shall stand transferred to the Family Court, Nedumangad. The Family Court, Ernakulam shall transmit the records to the Family Court, Nedumangad. The parties shall appear before the Family Court, Nedumangad on 16th March, 2011. K.T.SANKARAN JUDGE csl