IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 Tr.P(C).No. 2 of 2011 TO TRANSFER O.P.NO.2501 OF 2010 FROM FAMILY COURT, ERNAKULAM TO THE FAMILY COURT, WAYANAD. PETITIONER ------------------------------ EMI ABRAHAM, D/O.FR.ABRAHAM VALLATHUKARAN, BASIL HOME, KUPPADI P.O., SULTHAN BATHERY, WAYANAD DISTRICT. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENT: --------------- FR.GHEEVARGHESE THOMAS KIZHAKKEDATH, AGED 35, S/O.P.V.THOMAS, KIZHAKKEDATH HOUSE, MULANTHURUTHY, ERNAKULAM DISTRICT, PIN 682 314. ADV. SRI.C.P.UDAYABHANU THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/02/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Tr.P.(C). NO. 2 OF 2011 ------------------------------------------------------ Dated this the 23rd day of February, 2011 O R D E R The petitioner, the wife of the respondent, prays for transfer of O.P.No.2051 of 2010, filed by the respondent/husband before the Family Court, Ernakulam for divorce, to the Family Court, Wayanad. 2. The petitioner is residing at Sulthan Bathery in Wayanad District. The respondent is residing at Mulanthuruthy in Ernakulam District. The petitioner states that it would be difficult for her to travel for about ten hours to attend the Family Court, Ernakulam. She states that she is undergoing treatment and her mother is also ill. There is nobody to accompany her from Sulthan Bathery to Ernakulam. 3. 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 inconvenience caused to the wife, if no transfer is made, should be taken note of. Tr.P.(C) NO.2 OF 2011 :: 2 :: 4. Taking into account the facts and circumstances of the case, the Transfer Petition is allowed. O.P.No.2051 of 2010, pending before the Family Court, Ernakulam, shall stand transferred to the Family Court, Wayanad. The Family Court, Ernakulam shall transmit the records in O.P.No.2051 of 2010 to the Family Court, Wayanad. Learned counsel appearing for the respondent submitted that a direction may be issued to the Family Court, Wayanad to dispose of the case expeditiously. The petitioner has no objection for the same. Therefore, the Family Court, Wayanad is directed to dispose of O.P.No.2051 of 2010 as expeditiously as possible. (K.T.SANKARAN) Judge ahz/