IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 Tr.P(C).No. 121 of 2010() ------------------------- OP.114/2010 of FAMILY COURT, THIRUVALLA .................... PETITIONER: -------------------- ANJU.P.G., D/O.GEETHA SANKAR, ANJALI, MANAKKALA, THALAVOOR, PATHANAPURAM, KOLLAM DISTRICT. BY ADV. SRI.SAJU.S.A RESPONDENT(S): --------------- MURALIKRISHNAN, S/O.MOHANAN NAIR, KUMBAZHATHU PALLATHU VEETTIL, THALKKALIKKAL PO, KOZHANCHERRY, PATHANAMTHITTA. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No.121 of 2010 -------------------------------------- Dated this the 18th day of June, 2010. ORDER Respondent is served but there is no response. 2. This petition is filed by the wife seeking transfer of O.P.No.114 of 2010 pending in Family Court, Thiruvalla to Family Court, Kottarakkara where O.P.Nos.291 of 2010 and 292 of 2010 and M.C.No.94 of 2010 are pending. It is stated in the petition that petitioner is a resident of Pathanapuram in Kollam District and that she has already instituted O.P.Nos.291 of 2010 and 292 of 2010 and M.C.No.94 of 2010 in Family Court, Kottarakkara. She has to travel a long distance from her place of residence to reach Family Court, Thiruvalla where respondent has filed O.P.No.114 of 2010 seeking restitution of conjugal rights. It is also stated that there is nobody to accompany petitioner to the 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 the wife has to be looked into. True, each case should be decided on the facts and circumstances of that case. Having regard to the inconvenience of wife who has to go from her place of residence to Thiruvalla and also taking into account the fact that three cases filed by her are pending in Family Court, Kottarakkara I am inclined to allow this petition. Tr.P(C) No.121/2010 2 Resultantly this petition is allowed in the following lines: i. O.P.No.114 of 2010 pending in Family Court, Thiruvalla is withdrawn from that court and transferred to Family Court, Kottarakkara. ii. The transferor court shall, while transmitting records of the case to the transferee court fix the date for appearance of parties in the transferee court with due intimation to the counsel on both sides. I.A.No.1062 of 2010 will stand dismissed. THOMAS P.JOSEPH, Judge. cks