IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH FEBRUARY 2011 / 6TH PHALGUNA 1932 Tr.P(C).No. 352 of 2010() ------------------------- OP.117/2009 OF FAMILY COURT,THRISSUR .................... PETITIONER : ----------------- NISHA, D/O.LATE SASI, AVOOKARAN HOUSE, MALAYATOOR P.O., ERNAKULAM DISTRICT. BY ADV. SMT.ASHA CHERIAN RESPONDENT(S): --------------- RAMESH KUMAR, S/O.PRABHAKARAN, CHERUPARAMBIL HOUSE, KUTTICHIRA DESOM, KUTTICHIRA VILLAGE, MUKUNDAPURAM TALUK, TRISSUR DISTRICT, PIN-680725. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------- Tr.P.(C)No.352 of 2010 ------------------------------------ Dated this the 26th day of February, 2011 O R D E R The petitioner, who is wife of the respondent, seeks to transfer O.P.No.117 of 2009 pending before the Family Court, Thrissur to the Family Court, Ernakulam. The petitioner is staying at Malayattoor within the jurisdiction of the Family Court, Ernakulam. It is stated that the respondent is working as a conductor in the Kerala State Road Transport Corporation at Thiruvananthapuram. The petitioner has to maintain a child, aged three years. It is stated that there is nobody to accompany her to the Family Court, Thrissur and it is very difficult for her to go and attend the Family Court, Thrissur. It is stated that the petitioner filed M.C.No.111 of 2008 before the Family Court, Ernakulam against the respondent, claiming maintenance. That Maintenance Case was allowed. It is stated that Tr.P.(C) No.352/2010 2 M.P.Nos.727 of 2009 and 234 of 2010 filed by the petitioner for realisation of the amounts due as per the order in M.C.No.111 of 2008 are pending before the Family Court, Ernakulam. The respondent challenged the order in M.C.No.111 of 2008 in appeal before the High Court as R.P.F.C.No.153 of 2010. That case is also pending. 2. Though notice was served on the respondent, there is no appearance for the respondent. 3. From the facts stated above, it is clear that the petitioner has to attend the Family Court, Ernakulam and another case is pending before the High Court. The respondent is also liable to attend the Family Court, Ernakulam. If the case is transferred from the Family Court, Thrissur to the Family Court, Ernakulam, no prejudice would be caused to the respondent. Tr.P.(C) No.352/2010 3 4. 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. For the aforesaid reasons, the Transfer Petition is allowed. O.P.No.117 of 2009 pending before the Family Court, Thrissur shall stand transferred to the Family Court, Ernakulam. The Family court, Thrissur shall transmit the records to the Family Court, Ernakulam. K.T.SANKARAN JUDGE csl