IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 25TH MAY 2011 / 4TH JYAISHTA 1933 Tr.P(C).No. 95 of 2011() ------------------------ OP.1058/2010 OF FAMILY COURT, ALAPPUZHA .................... PETITIONER(S): RESPONDENT ------------------------------ REGIMOLE, AGED 41, D/O.CHANDRAN PILLAI, KARICKAL HOUSE, KANJIRAPPALLY. BY ADV. SRI.LIJI.J.VADAKEDOM SRI.T.RAJESH SRI.P.BINNY JOSEPH RESPONDENT(S): ------------------------- GOPALAKRISHNA PILLAI, AGED 45, S/O.LATE KRISHNA PILLAI, GEETHA SADANAM, WARD -7, VELIYANADU PANCHAYAT, KIDANGARA P.O., KUTTANADU TALUK, ALAPPUZHA DISTRICT-686507. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ Tr.P.C.No.95 of 2011 -------------------------------- Dated this the 25th day of May, 2011 ORDER The respondent, who is the husband of the petitioner, filed O.P.No.1058 of 2010 before the Family Court, Alappuzha for restitution of conjugal rights. The prayer in the Transfer Petition is to transfer that case from the Family Court, Alappuzha to the Family Court, Kottayam at Ettumanoor. 2. The petitioner resides at Kanjirappally in Kottayam District. It is stated that the respondent belongs to Kidangara. Two children were born in the wedlock of the petitioner and the respondent. The minor children are residing with the petitioner. It is stated that the distance from the house of the petitioner to the Family Court, Alappuzha is 70 kms. It is pointed out that the distance from the residence of the respondent to the Family Court, Alappuzha is 24 kms. and to the Family Court, Kottayam at Tr.P.C.95/2011 2 Ettumanoor is 30 kms. It is submitted that if the case is transferred from the Family Court, Alappuzha to the Family Court, Ettumanoor, no prejudice would be caused to the respondent. 3. The Supreme Court in Sumita Singh vs. Kumar Sanjay and another (2001 (10) SCC 41), Rajwinder Kaur vs. Balwinder Singh (2003(11) SCC 726) and Mangla Patil Kale vs. Sanjeev Kumar Kale (2003(10) SCC 280) held that the inconvenience caused to the wife, if no transfer is made, should be taken note of. Accordingly, the Transfer Petition is allowed. O.P.No.1058 of 2010 pending before the Family Court, Alappuzha is transferred to the Family Court, Kottayam at Ettumanoor. The Family Court, Alappuzha shall transmit the records of the case to the Family Court, Kottayam at Ettumanoor. K.T.SANKARAN JUDGE csl