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. 367 of 2010() ------------------------------- OP.801/2010 of FAMILY COURT,KOLLAM .................... PETITIONER --------------- ASHA.A., D/O. APPUKKUTTAN, AGED 28 YEARS RESIDING AT T.C.8/1588, RESIDING AT "AJAY NIVAS", PONGUMMOODU, MEDICAL COLLEGE.P.O., THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.RAM MOHAN.G. SRI.MANU V. SRI.GOVIND P RESPONDENT(S): --------------------- SUNIL KUMAR.R., S/O. RAJAN PANICKER, RESIDING AT "SUNITHA SADANAM", KUREEPPUZHA.P.O., KOLLAM – 691 001. R1 BY ADV. SRI.K.RAVIKUMAR 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.367 of 2010 ------------------------------ Dated this the 1 st day of March, 2011 ORDER This Transfer Petition is filed by the wife of the respondent to transfer OP(HMA)No.801 of 2010 pending before the Family Court, Kollam to the Family Court, Thiruvananthapuram. OP(HMA) No.801 of 2010 was filed by the respondent/husband for divorce. 2. The petitioner belongs to Pongummoodu, Thiruvananthapuram. The respondent belongs to Kollam. It is stated that the wife filed MC No.50 of 2010 before the Court of the Judicial First Class Magistrate-I, Thiruvananthapuram under the provisions of the Protection of Women from Domestic Violence Act. That M.C. is pending. 3. It is stated that the petitioner has no income of her own and she depends on her parents for her survival. It is also stated there is nobody to accompany the petitioner to travel from Tr.P.(C).No.367 of 2010 2 Thiruvananthapuram to Kollam. 4. The learned counsel for the petitioner relied on the decisions of the Supreme Court in Sumitha Singh v. Kumar Sanjay and another((2001)10 SCC 41), Mangla Patil Kale v. Sanjeev Kumar Kale ((2003)10 SCC 280) and Rajwinder Kaur v. Balwinder Singh ((2003)11 SCC 726) in support of his contention. In the facts and circumstances of the case, the Transfer Petition is allowed. OP(HMA) No.801 of 2010 pending before the Family Court, Kollam is transferred to the Family Court, Thiruvananthapuram. The Family Court, Kollam shall transmit the records to the Family Court, Thiruvananthapuram. The parties shall appear before the Family Court, Thiruvananthapuram on 5 th April, 2011. K.T.SANKARAN, JUDGE. cms