IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 Tr.P(C).No. 127 of 2011 TO TRANSFER OP.62/2011 FROM THE FAMILY COURT, NEDUMANGAD TO THE FAMILY COURT, THIRUVANANTHAPURAM. PETITIONER ------------------------------ RINCY PRASAD, D/O. PRASAD, AGED 28 YEARS RESIDING AT RAJ BHAVAN, NEAR VETERINARY HOSPITAL PLACE ROAD, ATTINGAL. BY ADV. SMT.MAJIDA.S SRI.K.RAJESH KANNAN SRI.AJIKHAN.M RESPONDENT: --------------- SATHEESH KUMAR, S/O. SUGUMARAN, AGED 42 YEARS, RESIDING AT MELATHIL VEEDU, THALIKUZHI.P.O., PULIMATH VILLAGE. ADV. SRI.D.KISHORE THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: I.A.NO.955/2011 IN TR.P.C.NO.127 OF 2011 DISMISSED 10/06/2011 SD/- K.T.SANKARAN, JUDGE //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ Tr.P.(C). NO. 127 OF 2011 ------------------------------------------------------ Dated this the 10th day of June, 2011 O R D E R The prayer made in the Transfer Petition is to transfer O.P.No.62 of 2011 pending before the Family Court, Nedumangad to the Family Court, Thiruvananthapuram. 2. The petitioner is the wife of the respondent. The petitioner filed M.C.No.179 of 2010 before the Judicial Magistrate of the First Class II, Thiruvananthapuram, for reliefs under the Protection of Women From Domestic Violence Act. That case is pending. The respondent/husband filed O.P.No.62 of 2011 before the Family Court, Nedumangad for restitution of conjugal rights. 3. The marriage between the parties took place on 17.5.2007 at Varkala. Two children were born in that wedlock. It is stated that the first child is of three years of age and the second child is of three months of age. It is stated that the petitioner has no job. It is further stated that the petitioner would be put to great hardship if she were to attend the Family Court, Nedumangad. Tr.P.(C) NO.127 OF 2011 :: 2 :: 4. 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) held that the convenience of the wife should be taken note of while considering the question of transfer. 5. In the facts and circumstances of the case, the Transfer Petition is allowed. O.P.No.62 of 2011 pending before the Family Court, Nedumangad is transferred to the Family Court, Thiruvananthapuram. The Family Court, Nedumangad shall transmit the records to the Family Court, Thiruvananthapuram. The parties shall appear before the Family Court, Thiruvananthapuram on 11.7.2011. (K.T.SANKARAN) Judge ahz/