IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 Tr.P(C).No. 331 of 2011() ------------------------- OP.826/2011 of FAMILY COURT, THALASSERY .................... PETITIONER: ------------------------------- NEETHU FRANCIS, D/O.V.J.FRANICS, PANDARAPARAMBIL HOUSE, MUVALAVUKADU P.O., ERNAKULAM DISTRICT-682 504. BY ADV. SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKUZHY RESPONDENT: --------------- JOSE PRADEESH, S/O.THOMAS, MANNAKUZHIYIL HOUSE, MANATHANA POST, KANNUR-670 674. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.P(C).No. 331 of 2011 APPENDIX PETITIONER(S) EXHIBITS ANNEXURE A: A TRUE COPY OF OP.NO.826 OF 2011. RESPONDENTS' EXHIBITS : NIL /True Copy/ P.A to Judge THOMAS P. JOSEPH, J. ---------------------------------------- Tr.P(C).No.331 of 2011 --------------------------------------- Dated this 11th day of November, 2011 ORDER Respondent has not appeared though, served. 2. This petition is filed by petitioner/wife seeking transfer of O.P.No.826 of 2011 pending in the Family Court, Thalassery to the Family Court, Ernakulam. That original petition is filed by the respondent/husband for divorce. Petitioner states that she is residing at Muvalavukadu, in Ernakulam district along with her parents and child aged about two years, has to travel more than 300 kms to reach Thalassery and that she is studying for I.C.W.A.I course at Ernakulam. If she is to travel to Thalassery to contest the case it will cause much hardship to her and upset her study and examination. Learned counsel submitted that there is nobody to accompany petitioner and that it involves huge expense as well. 3. The Supreme Court in Sumitha Singh Vs. Sanjay Kumar & Another (AIR 2002 SC 396) and Arti Rani Lrs. Pinki Devi and Another Vs. Darmendra Kumar Gupta (2008 (9) SCC 353) has stated that while considering the request for transfer in matrimonial proceedings convenience of the wife has Tr.P(C).No.331 of 2011 -: 2 :- to be looked into. Petitioner/wife is aged about 29 years. She is staying with her parents at Muvalavukadu. She has to travel around 300kms to reach Thalassery. True that transfer of the case to Family Court, Ernakulam will cause inconvenience to the respondent also as he has to travel from Kannur to Ernakulam. But having regard to the comparative hardship, I am inclined to think that the hardship of petitioner is more if the request for transfer is not allowed. Resultantly this petition is allowed as follows: (i) O.P.No.826 of 2011 pending in the Family Court, Thalassery is withdrawn from that court and made over to the Family Court, Ernakulam. (ii) The transferor court shall transmit records of the case to the transferee court with due intimation to the counsel on both sides as to the date of appearance in the transferee court. (iii) It is made clear that except when the physical presence of respondent is necessary, it is open to him to appear through counsel in the transferee court. (THOMAS P. JOSEPH, JUDGE) Sbna/-