IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 Tr.P(C).No. 98 of 2010() ------------------------ OP.45/2010 of FAMILY COURT, KASARAGOD .................... PETITIONER/RESPONDENT: ------------------------------------- DEEPA S.NAIR, S/O.SUKUMARAN NAIR, VASU NIVAS, TC NO.28/1420, NEERAZHI LANE, SREEKANDESWARAM, FORT P.O., THIRUVANANTHAPURAM. BY ADV. SMT.P.RAJASREE RESPONDENT/ PETITIONER: ------------------------- ABILASH N., S/O.NARAYANAN NAIR, HAYATH VEEDU, PARAMBIL, THEKKIL P.O., THEKKIL VILLAGE, KASARAGOD. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Tr.P.(C).No.98 of 2010 --------------------------------------- Dated this 14th day of June, 2010 ORDER The wife is the petitioner before me. She seeks transfer of O.P.No.45 of 2010 from Family Court, Kasaragod to Family Court at Thiruvananthapuram. Notice of this petition was served on the respondent but there is no response. 2. Petitioner/wife has filed M.C.No.18 of 2010 claiming maintenance and O.P.No.99 of 2010 claiming custody of the child in the Family Court, Thiruvananthapuram and those cases are pending in that court. In the meantime respondent filed O.P.No.45 of 2010 in the Family Court, Kasaragod seeking restitution of conjugal rights. Grievance of petitioner is that with a nine month old breast feeding child she has to travel about 1300 kms from Thiruvananthapuram to reach Kasaragod. That causes much inconvenience and difficulties to her and hence her request to transfer case from Family Court, Kasaragod to Family Court at Thiruvananthapuram. Parties have chosen to file their cases in Family courts situated almost towards extreme ends of the State of Kerala. The consequence is that one of them has to travel about 1300kms as the learned counsel put it. Petitioner stands in an Tr.P.(C).No.98 of 2010 : 2 : advantagous situation since she is the wife of respondent and two cases filed by her are pending in the Family Court, Thiruvananthapuram. Apart from that, this court has also to take into account her agony in traveling the whole distance from Thiruvananthapuram to Kasaragod with a breast feeding child. Hence I am inclined to allow the application. Resultantly the petition is allowed. O.P.No.45 of 2010 pending in Family Court, Kasaragod is withdrawn from that court and transferred to Family Court, Thiruvananthapuram for trial and disposal. The transferor court shall transmit the records of the case to the transferee court with due intimation to the counsel for parties as to the date of appearance in the transferee court. (THOMAS P JOSEPH, JUDGE) Sbna/-