IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 Tr.P(C).No. 125 of 2011 TO TRANSFER OP(HMA) NO.1052/2010 FROM THE FAMILY COURT, KOTTAYAM TO THE FAMILY COURT, ALAPPUZHA. PETITIONER/RESPONDENT ----------------------------------------- REJANI.A., AGED 35 YEARS, D/O.V.KUTTAPPAN, KALATHIL KIZHAKKETHIL HOUSE, THAMALLACKAL SOUTH.P.O., KUMARAPURAM VILLAGE, KARTHIKAPALLY TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.IYPE JOSEPH SRI.V.MANOJ KUMAR RESPONDENT: PETITIONER ------------------------- SASIKUMAR P.N., AGED 38 YEARS, PULLANI OLICKAL HOUSE, MUTTAPPALLY P.O., MUTTAPPALLY MURI, ERUMELI VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: I.A.NO.935/2011 IN TR.P.C.NO.125 OF 2011 DISMISSED 10/06/2011 SD/- K.T.SANKARAN, JUDGE //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ Tr.P.(C). NO. 125 OF 2011 ------------------------------------------------------ Dated this the 10th day of June, 2011 O R D E R The petitioner is the wife of the respondent. She filed O.P.(HMA) No.944 of 2010 on the file of the Family Court, Alappuzha against the respondent for divorce. The petitioner/wife also filed O.P.No.359 of 2011 before the Family Court, Alappuzha against the respondent for recovery of money and gold ornaments. The respondent/husband filed O.P.(HMA) No.1052 of 2010 before the Family Court, Kottayam for restitution of conjugal rights. All these three cases are pending. The prayer made by the petitioner in this Transfer Petition is to transfer O.P.(HMA) No.1052 of 2010 from the Family Court, Kottayam to the Family Court, Alappuzha, where the other two cases mentioned above are pending. 2. It is stated that the petitioner is residing at Karthikapally near Alappuzha and it would be difficult for her to go to Kottayam and attend the Family Court there. It is also Tr.P.(C) NO.125 OF 2011 :: 2 :: stated that the petitioner has got a temporary employment in Government Higher Secondary School at Ambalappuzha. 3. Though the respondent was served with notice, there is no appearance for the respondent. 4. The Supreme Court in Sumitha Singh v. Kumar Sanjay and another (2001) 10 SCC 41), Mangla Patil Kale v. Sanjeev Kumar Kale ((2003) 10 SCC 280) and Rajwinder Kaur v. Balwinder Singh ((2003) 11 SCC 726) held that the convenience of the wife should be taken note of while considering the question of transfer. Taking into account the facts and circumstances of the case, the Transfer Petition is allowed. O.P.(HMA) No.1052 of 2010, pending before the Family Court, Kottayam shall stand transferred to the Family Court, Alappuzha. The Family Court, Kottayam shall transmit the records to the Family Court, Alappuzha. The prayer made by the petitioner for joint trial of the aforesaid three cases can be made before the Family Tr.P.(C) NO.125 OF 2011 :: 3 :: Court, Alappuzha and such prayer shall be dealt with in accordance with law. (K.T.SANKARAN) Judge ahz/