IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 Tr.P(C).No. 159 of 2010() ------------------------- OP.1231/2009 of FAMILY COURT,KOLLAM .................... PETITIONER ------------------------------ SUJITHA SEBASTIAN,AGED 25 YEARS, D/O.SOPHIA,CHENAPRAMBIL,DISTRICT COURT WARD, ALAPPUZHA. BY ADV. SRI.G.PRIYADARSAN THAMPI RESPONDENT(S): --------------- BERNDIN.P.R,S/O.RAJA.P.,JAYANTHI BHAVAN (SANTA MARIA),MOOTHAKKARA,CUTHERY.P.O,KOLLAM, NOW RESIDING AT SANTHA MARIA,KADHISIYA SYRIAN CATHOLIC CHURCH,NEAR SOOCHIKARANMUKKU,KOLLAM. ADV. SRI.JOHNSON GOMEZ THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No.159 of 2010 -------------------------------------- Dated this the 15th day of July, 2010. ORDER This petition is filed by the wife seeking transfer of O.P. No.1231 of 2009 from Family Court, Kollam to Family Court, Alappuzha. That is a petition filed by respondent/husband for restitution of conjugal rights. Petitioner states that she is residing at Alappuzha and has to look after her one year old child, she has to travel long distance from Alappuzha to Kollam to conduct the case and meet expenses. It is stated that petitioner has filed M.C.No.26 of 2010 under Protection of Women from Domestic Violence Act in the court of learned Chief Judicial Magistrate, Alappuzha. In the circumstances she has requested for transfer as above stated. 2. Petition is opposed by respondent/husband. According to the respondent there is no reason to transfer O.P.No.1231 of 2009 from Family Court, Kollam to Family Court, Alappuzha. 3. The Supreme Court in Sumitha Singh v. Kumar Sanjay and another (AIR 2002 SC 396) and Arti Rani v. Dharmendra Kumar Gupta [(2008) 9 SCC 353] has stated that while considering request for transfer of matrimonial proceedings convenience of the wife has to be looked into. It is not disputed that petitioner is aged 25 years and is residing at Alappuzha. She has also a one year old child to be looked after. She has to Tr.P(C) No.159/2010 2 travel from Alappuzha to Kollam to conduct the case if it continued at Family Court, Kollam. She may have to be accompanied by some relative and incur expenses for that. Transfer of the case to Alappuzha will of much help and convenience to the young lady. Respondent is a resident of Kollam. The inconvenience that petitioner has to suffer if the case continued at Kollam outweigh the inconvenience respondent has to suffer if it is transferred to Alappuzha. Having regard to the circumstances I am inclined to allow this petition. Resultantly this petition is allowed in the following lines: i. O.P. No.1231 of 2009 pending in Family Court, Kollam is withdrawn from that court and made over to Family Court, Alappuzha for trial and disposal. ii. It is made clear that except when the physical presence of respondent is required in the transferee court it is open to him to appear through counsel. Tr.P(C) No.159/2010 3 iii. The transferor court shall, while transmitting records of the case to the transferee court fix the date for appearance of parties in the transferee court with due intimation to the counsel on both sides. I.A.No.1294 of 2010 will stand dismissed. THOMAS P.JOSEPH, Judge. cks