IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 OP(C).No. 2085 of 2011c() ------------------------- OP(DIV).401/2010 of FAMILY COURT, PALAKKAD .................... PETITIONER/RESPONDENT ----------------------------------------- BEENA, AGED 37 YEARS, D/O.MATHAPPAN, AREEKKAL HOUSE, CHERIYA VAPPALASSERY KARA, ANGAMALY SOUTH.P.O., NEDUMBASSERY, ALUVA, ERNAKULAM DISTRICT. BY ADV. SRI.LIFFY P. FRANCIS RESPONDENT(S): PETITIONER ------------------------- VARGHESE, AGED 46 YEARS, S/O.POULOSE, PANTHAPLACKAL HOUSE, KOROME.P.O., ALATHOOR-678 541, PALAGHAT. ADV. SRI.T.K.SANDEEP THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: OP(C).No. 2085 of 2011 APPENDIX PETITIONER'S ANNEXURES: A1 : COPY OF THE DIVORCE PETITION O.P. 401/10 DATED 26.05.2010 FILED BY THE RESPONDENT HEREIN BEFORE THE FAMILY COURT, PALGHAT. A2 : COPY OF THE PETITION IN O.P. 1708/10 DATED 27.09.2010 FILED BY THE PETITIONER HEREIN BEFORE THE FAMILY COURT, ERNAKULAM. A3 : COPY OF MEDICAL CERTIFICATE DATED 16.09.2010 ISSUED TO THE PETITIONER. RESPONDENT'S ANNEXURES : NIL //TRUE COPY// P.A. TO JUDGE smvd THOMAS P JOSEPH, J. ---------------------------------------- Tr.P(C).No.349 of 2010 --------------------------------------- Dated this 05th day of July, 2011 ORDER Petitioner seeks transfer of O.P(Div).No.401 of 2010 filed by the respondent from Family Court, Palakkad to Family Court, Ernakulam where she has filed O.P.No.1708 of 2010 for return of gold ornaments and other reliefs. Petitioner states that she is sick, is a resident of Nedumbasseri, near Aluva and has a child aged about 7years to care for. She finds it difficult to travel all the distance from Aluva to Palakkad. Hence the request for transfer. 2. I have heard learned counsel for petitioner and respondent. Respondent has opposed the application for transfer. 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 request for transfer in matrimonial proceedings convenience of the wife has to be looked into. Petitioner is a lady aged about 37 years residing at Nedumbasseri near Aluva while respondent, the husband aged 46 years is residing at Alathur near Palakkad. Crl.M.C.No.349 of 2010 -: 2 :- Admittedly, O.P.No.1708 of 2010 filed by petitioner is pending in Family Court, Ernakulam and there is no request for transfer of that case to Family Court, Palakkad. It is only appropriate that both the cases are disposed of by the same Court. Moreover having regard to the distance and considering the age of petitioner I am inclined to think that comparative hardship of petitioner to reach Palakkad outweighs inconvenience respondent would suffer. In the circumstances I am inclined to think that circumstances warranted that the case is transferred to Family Court, Ernakulam. Resultantly this petition is allowed in the following lines: (i) O.P(Div).No.401 of 2010 pending in Family Court, Palakkad is withdrawn from that court and made over to 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 physical presence of respondent is necessary it is open to him to appear through counsel in the transferee court. (THOMAS P JOSEPH, JUDGE) Sbna/-