IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 Tr.P(C).No. 42 of 2011() ------------------------------ OP.2236/2010 of FAMILY COURT,ERNAKULAM .................... PETITIONER/RESPONDENT -------------------------------- SHIBI @ KOCHU THRESSIA,D/O.LATE JOSEPH, AGED 41 YEARS,THONICKATHADATHIL HOUSE, KUNINJU PO, IDUKKI DISTRICT. BY ADVS. SRI.JOHNSON P.JOHN SRI.RAJU SEBASTIAN VADAKKEKKARA RESPONDENT(S): PETITIONER ------------------------------------ JOGI MATHEW @ THOMAS,S/O.MATHEW,AGED 39 YEARS,CHIRACKAL MANAVALAN HOUSE, VAZHAKULAM PO, MANJALLOOR VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT – 683 291. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs K.T.SANKARAN, J. ------------------------------ Tr.P(C).No.42 OF 2011 ------------------------------ Dated this the 1 st day of March, 2011 ORDER Though notice was served on the respondent, there is no appearance for the respondent. 2. The petitioner is the wife of the respondent. The marriage between the petitioner and the respondent took place on 17.2.2000 at Vazhakulam. The petitioner is residing at Kuninji in Idukki District. The respondent resides at Vazhakulam in Muvattupuzha taluk, Ernakulam district. 3. The wife filed MC No.5 of 2011 and OP No.84 of 2011 before the Family Court, Thodupzuha against the respondent for maintenance and for custody of children respectively. The husband filed OP(Div) No.2236 of 2010 before the Family Court, Ernakulam for divorce. All the three cases are pending. The prayer in the Transfer Petition is to transfer OP (Div)No.2236 of 2010 from the Family Court, Ernakulam to the Family Court, Tr.P(C).No.42 OF 2011 2 Thodupuzha. 4. The learned counsel for the petitioner submitted that the respondent resides at Vazhakulam and if the cases are transferred to Thodupuzha, he need travel only less than 15 kilometres to reach at Thodupuzha. It is also stated that the distance from Vazhakulam to Ernakulam is about 75 kilometres. The counsel submitted that if the case is transferred from Ernakulam to Thodupuzha, it would be beneficial to both parties. Taking into account the facts and circumstances of the case, the Transfer Petition is allowed and OP (Div) No.2236 of 2010 pending before the Family Court, Ernakulam is transferred to the Family Court, Thodupuzha. The Family Court, Ernakulam shall transmit the records to the Family Court, Thodupuzha. K.T.SANKARAN, JUDGE. cms