IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 TR.P(C).NO. 310 OF 2010() -------------------------------------- OP.663/2010 OF FAMILY COURT, KANNUR .................... PETITIONER: -------------------- SOJI.F., AGED 31 YEARS, D/O.FRANCIS JOSEPH, UPPER DIVISION CLERK, GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM, RESIDING AT T.C.XI/437,DBRA-46, NANTHENCODE, KOWDIAR P.O., THIRUVANANTHAPURAM-695 003. BY ADV. SRI.MURALI PURUSHOTHAMAN SRI.DEEPU LAL MOHAN RESPONDENT(S): -------------------------- PRAKAS P.JOSEPH, AGED 35 YEARS, S/O.P.J.JOSEPH, SELECTION GRADE ASSISTANT, GENERAL ADMINISTRATION (ACCOUNTS-E) DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM RESIDING AT PEEDIKAKKAL HOUSE, EDAVARAMBA P.O., CHERUPUZHA (VIA), TALIPARAMBA TALUK, KANNUR-670511 ADV. SRI.LIJU. M.P FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Tr.P(C) No.310 of 2010 ==================================== Dated this the 22nd day of November, 2010 O R D E R Respondent is served on this petition. 2. This petition is filed by the wife seeking transfer of O.P. No.663 of 2010 from Family Court, Kannur to Family Court, Thiruvananthapuram. That is a petition filed by the respondent- husband seeking dissolution of marriage. According to the petitioner she is aged 31 years and is residing with her mother at Nanthancode, in Thiruvananthapuram District. She is working as a U.D. Clerk in Government Central Press, Thiruvananthapuram. She has to look after her daughter staying with her. She finds it difficult to travel all the distance from Thiruvananthapuram to Family Court, Kannur and contest the case. 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. That of course does not mean that inconvenience of the husband has to be ignored. It is not disputed that respondent is a resident of Tr.P(C) No.310 of 2010 -: 2 :- Cherupuzha at Taliparamba, in Kannur District. Transfer of the case to Family Court, Thiruvananthapuram will not cause difficulty to the respondent since he is working as a Selection Grade Assistant at General Administration Department, Thiruvananthapuram. But if the case continued in Family Court, Kannur petitioner, aged 31 years has to travel a long distance of more than 500 kms to reach there and contest the case. That will cause much hardship to the petitioner. Hence I am inclined to allow this petition. Resultantly, this petition is allowed in the following lines: (i) O.P.No.663 of 2010 pending in Family Court, Kannur is withdrawn from that court and made over to Family Court, Thiruvananthapuram. (ii) The transferor court while transmitting records of the case to the transferee court shall fix the date for appearance of parties in the transferee court with due intimation to the counsel on both sides. THOMAS P. JOSEPH, JUDGE. vsv