IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 Tr.P(C).No. 234 of 2010() ------------------------- OP(HMA).207/2010 of FAMILY COURT, ALAPPUZHA .................... PETITIONER/RESPONDENT: ------------------------------------------ SMITHA, D/O.RAGHAVAN PILLAI, VALLOPULICKAL HOUSE, KULATHOOR P.O., MALLAPPALLY TALUK, PATHANAMTHITTA. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): PETITIONER: -------------------------- SURESH KUMAR.M.R., S/O.LATE RAMAKRISHNA PILLAI, MATHUKKAL HOUSE, CHALAPPALLY P.O., MALLAPPALLY TALUK, PATHANAMTHITTA. ADV. SRI. K.SHAJ SRI.K.N.RADHAKRISHNAN(THIRUVALLA) SRI.SAJJU.S THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No.234 of 2010 -------------------------------------- Dated this the 6th day of September, 2010. ORDER This petition is filed by the wife seeking transfer of O.P.(HMA) No.207 of 2010 from Family Court, Alappuzha to Family Court, Pathanamthitta, at Thiruvalla. That is a petition filed by the respondent/husband for restitution of conjugal rights. In the meantime petitioner/wife filed O.P.No.459 of 2010 for return of gold ornaments and other reliefs and M.C.No.129 of 2010 seeking maintenance from respondent in Family Court, Pathanamthitta, at Thiruvalla. It is stated that petitioner is a resident of Kulathoor, in Pathanamthitta District and has a 3 ½ year old child. Respondent is a resident of Chalappally, in Pathanamthitta District. 2. Going by the permanent address of respondent given in the petition transfer of case to Family Court, Pathanamthitta, at Thiruvalla is convenient to him also. Even otherwise two cases O.P.No.459 of 2010 and M.C.No.129 of 2010) filed by petitioner/wife are pending in that court. It is stated that all the cases are to be consolidated in the same court and tried and disposed of together. It is also stated that petitioner, a lady finds it difficult to travel the long distance from her place of residence to Family Court, Alappuzha to contest O.P.(HMA) No.207 of 2010 and that there is nobody to look after her Tr.P.(C) No.234/2010 2 3 ½ year old child. Learned counsel requested that in the circumstances O.P. (HMA) No.207 of 2010 may be transferred to Family Court, Pathanamthitta at Thiruvalla. 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. True that does not mean that inconvenience if any of the husband need not be considered. 4. Having regard to the facts and circumstances I am inclined to think that comparative hardship is more on petitioner if request for transfer is not allowed. Hence I am inclined to allow this petition. Resultantly this petition is allowed in the following lines: i. O.P.(HMA)No.207 of 2010 pending in Family Court, Alappuzha is withdrawn from that court and made over to Family Court, Pathanamthitta at Thiruvalla for trial and disposal. Tr.P.(C) No.234/2010 3 ii. The transferor court shall, while transmitting records of the case to the transferee court fix date for appearance of parties in the transferee court with due intimation to the counsel on both sides. iii. Transferee court shall ensure that as far as possible all the cases are posted on the same dates. I.A.No.1856 of 2010 will stand dismissed. THOMAS P.JOSEPH, Judge. cks