IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 Tr.P(C).No. 315 of 2008() ------------------------- OP(HMA)NO.593/2008 of FAMILY COURT, ALAPPUZHA .................... PETITIONER/COUNTER PETITIONER IN OP (HMA) ---------------------------------------------------------- REKHA, D/O.PRASANNAKUMARI, AGED 24 YEARS, RESIDING PULUVILAYIL, ASHTAMUDY P.O. KOLLAM DISTRICT. BY ADV. SRI.P.SIVARAJ RESPONDENT(S): PETITIONER IN OP ------------------------------ SREEKUMAR, S/O.SREEDHARAN NAIR, AGED 35 YEARS, RESIDING AT KELACHEMPARAMBIL PULINCUNNU P.O. CHMPAKULAM, ALAPPUZHA DISTRICT. ADV. SRI.RAJEEV V.KURUP THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No.315 of 2008 -------------------------------------- Dated this the 3rd day of June, 2010. ORDER This petition is to transfer of O.P.(HMA) No.593 of 2008 of Family Court, Alappuzha to Family Court, Kollam. Petitioner is the wife of respondent. She filed O.P.No.521 of 2008 in the Family Court, Kollam for return of gold ornaments and money against the respondent, his mother and others. That case is pending in Family Court at Kollam. In the meantime respondent filed O.P.(HMA) No.593 of 2008 in Family Court, Alappuzha. Request of the petitioner is to transfer O.P. (HMA) No.593 of 2008 pending in Family Court, Alappuzha to Family Court at Kollam. Learned counsel for petitioner states that petitioner/wife is residing at Ashtamudy which is far away from Alappuzha and she has to travel a lot to reach Alappuzha. Petition is opposed by the respondent. Learned counsel for respondent states that respondent is residing at Pulinkunnu, an interior part of Alappuzha District and if the case is transferred to Family Court at Kollam he has to travel much. It is also stated that his mother and other relatives are also parties to O.P.No.521 of 2008 pending in Family Court at Kollam. 2. Respondent has not so far requested for transfer of the case pending in Family Court at Kollam to Family Court at Alappuzha for any reason whatsoever. Therefore, there is no point in respondent stating about the inconvenience of himself or relatives appearing in Family Court at Kollam in connection with O.P.No.521 of 2008. Now the question is only whether O.P. (HMA) No.593 of 2008 filed by the respondent against petitioner (where none of Tr.P.(C) No.315/2008 2 the in-laws are made party) should be transferred from Family Court at Alappuzha to Family Court at Kollam. It is made out that petitioner is residing at a far away place from Alappuzha. The Supreme Court in Sumitha Singh v. Kumar Sanjay and another (AIR 2002 SC 396) has stated that in matrimonial proceedings while the court considers prayer for transfer convenience of the wife has to be looked into. True, every case should be decided on the facts and circumstances of that case. Having regard to the facts and circumstances of the case I am inclined to allow this petition. Resultantly this petition is allowed in the following lines: i. O.P.(HMA) No.593 of 2008 pending in Family Court, Alappuzha is withdrawn from that court and transferred to Family Court, Kollam. ii. The transferor court shall, while transmitting records of the case to the transferee court fix date of appearance of parties in the transferee court with notice to counsel on both sides. I.A.No.2686 of 2008 will stand dismissed. THOMAS P.JOSEPH, Judge. cks