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. 102 of 2010() ------------------------- OP.992/2009 of FAMILY COURT, THIRUVALLA .................... PETITIONER/RESPONDENT ------------------------------ RAZIYA, D/O. PATHUKUTTY, PALATHINKAL VEEDU, MUVATTUPUZHA, MUVATUPUZHA VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE SRI.GEORGE MATHEWS RESPONDENT(S): PETITIONER ------------------------- BADARUDDIN, S/O. MOHAMMED MUSTAFFA, KANJIRAVILAYIL VEEDU, PAZHAKULAM WEST MURI, PALLICKAL VILLAGE, ADOOR TALUK. 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.102 of 2010 -------------------------------------- Dated this the 3rd day of June, 2010. ORDER This petition is for transfer of O.P.No.992 of 2009 of Family Court, Thiruvalla to Family Court, Thodupuzha. Petitioner is the former wife of respondent. The latter initiated proceedings for recovery of damages for alleged malicious prosecution. Petitioner is a resident of Muvattupuzha while, respondent belongs to Adoor. It is stated in the petition that petitioner has to travel long to go to Family Court at Thiruvalla. The Supreme Court in Sumitha Singh v. Kumar Sanjay and another (AIR 2002 SC 396) has stated that in matrimonial proceedings while court considers prayer for transfer convenience of wife has to be looked into. True, every case should be decided on the facts and circumstances of that case. Petitioner, the wife has to travel a long distance from her place of residence to Thiruvalla. 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this petition is allowed in the following lines: i. O.P.No.992 of 2009 pending in Family Court, Thiruvalla is withdrawn from that court and transferred to Family Court, Thodupuzha. Tr.P(C) No.102/2010 2 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 due intimation to counsel on both sides. I.A.No.908 of 2010 will stand dismissed. THOMAS P.JOSEPH, Judge. cks