IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933 Tr.P(C).No. 18 of 2011() ------------------------ OP.1226/2010 of FAMILY COURT, NEDUMANGAD .................... PETITIONER : ----------------------- JULIE PHILIPPOSE, AGED 39 YEARS, PENIAL PLAMKOOTTATHIL HOUSE, VECHOOCHIRA P.O., KANNAM MURI, CHETHAKKAL VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SMT.K.V.BHADRA KUMARI SMT.ANILA GEORGE RESPONDENT(S): -------------------------- BABU DANIEL,S/O.M.C.DANIEL, PADINJATTEDATHU HOUSE,NALANCHIRA P.O., THIRUVANANTHAPURAM,PRESENTLY WORKING IN A1 ZAHARA PRINTING PRESS,P.B.NO.3412, P.C.NO.112-RUWI, SULTHANATE OF OMAN REP. BY POWER OF ATTORNEY HOLDER SRI.P.R.BABY, S/O.P.V.RAHAN, K.R. A-1, ALUVILLA PUTHENVEEDU, NALANCHIRA P.O.,THIRUVANANTHAPURAM 695 015. ADV. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------- Tr.P.(C).No.18 of 2011 --------------------------------------- Dated this the 6th day of April, 2011 O R D E R This Transfer Petition is filed by the wife of the respondent seeking to transfer O.P.No.1226 of 2010 pending before the Family Court, Nedumangad to the Family Court, Thiruvalla, where three cases between the parties are pending. 2. O.P.No.656 of 2007 was filed by the petitioner against the respondent before the Family Court, Thiruvalla for return of money and gold ornaments. It is stated that the respondent husband remained ex-parte and the Original Petition was allowed. The respondent filed an appeal and the appeal was allowed and the case was remanded to the Family Court for fresh disposal. The case is pending there. Tr.P.(C) No.18 of 2011 2 3. The petitioner filed O.P.(Divorce) No.655 of 2007 before the Family Court, Thiruvalla for divorce. It is stated by the learned counsel for the petitioner that the O.P. was allowed on 1.12.2008 and an application filed by the respondent to set aside the ex-parte decree is pending. According to the learned counsel for the respondent, O.P.(Div.) No.655 of 2007 was dismissed. It is not necessary to decide that issue in this Transfer Petition. 4. The respondent husband filed O.P. (G&W) No.1062 of 2010 before the Family Court, Thiruvalla for custody of children. That case is pending before the Family Court, Thiruvalla. 5. The respondent filed O.P.No.1226 of 2010 before the Family Court, Nedumangad against the petitioner for recovery of money and household articles. That case is sought to be transferred to the Family Court, Thiruvalla. Tr.P.(C) No.18 of 2011 3 6. The petitioner is unemployed. She has to maintain two children. The respondent is employed abroad at Ruwi, Sulthanate of Oman. It does not matter much for the respondent whether the case is tried by the Family Court, Thiruvalla or the Family Court, Nedumangad. He has filed two cases ; one before the Family Court, Nedumangad and the other before the Family Court, Thiruvalla. At any rate, the respondent has to appear before the Family Court, Thiruvalla to conduct the case filed by him and also to defend the two cases filed by the petitioner. Therefore, no prejudice would be caused if O.P.No.1226 of 2010 is transferred from the Family Court, Nedumangad to the Family Court, Thiruvalla. The petitioner belongs to Thiruvalla. It is stated that she would be put to great hardship if she is compelled to appear before the Family Court, Nedumangad. 7. The Supreme Court in Sumita Singh vs. Kumar Sanjay and another (2001 (10) SCC 41), Rajwinder Kaur vs. Tr.P.(C) No.18 of 2011 4 Balwinder Singh (2003(11) SCC 726) and Mangla Patil Kale vs. Sanjeev Kumar Kale (2003(10) SCC 280) held that the inconvenience caused to the wife, if no transfer is made, should be taken note of. For the aforesaid reasons, this Transfer Petition is allowed. O.P.No.1226 of 2010 pending before the Family Court, Nedumangad shall stand transferred to the Family Court, Thiruvalla. The Family Court, Nedumangad shall transmit the records of the case to the Family Court, Thiruvalla. K.T.SANKARAN JUDGE csl