IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 Tr.P(C).No. 347 of 2010() ------------------------- OPGW.888/2010 of FAMILY COURT, THIRUVALLA .................... PETITIONER: ------------------------------ NEETHA, NEETHU BHAVANAM, THAZHAKKARA, MAVELIKARA, ALAPPUZHA DISTRICT. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.V.SUNIL KUMAR (PANACHAMOODU) SRI.H.JAWHAR RESPONDENT: --------------- JAYARAJ, CHERUKARA VEEDU, THAMARAVUMKARA, KUTTOOR, THIRUVALLA, PIN 689106. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Tr.P(C).No.347 of 2010 --------------------------------------- Dated this 06th day of December, 2010 ORDER Respondent is served but there is no response. 2. This petition is filed by the wife seeking transfer of O.P.No.888 of 2010 from Family Court, Thiruvalla to Family Court, Alappuzha. It is stated that petitioner is residing at Thazhakkara near Mavelikara along with her aged parents and the child who has just crossed one year. She has already filed O.P.No.813 of 2010 in Family Court, Alappuzha for recovery of gold ornaments and money from the respondent. It is stated that petitioner finds it difficult to leave the child alone at her residence and travel all the distance from her place of residence to Thiruvalla. Learned counsel says that if the case is transferred to Family Court, Alappuzha it is possible to get the case posted in the camp sitting at Mavelikara which is nearer to the house of petitioner. 3. The Supreme Court in Sumitha Singh Vs. Sanjay Kumar & Another (AIR 2002 SC 396) and Arti Rani Lrs. Pinki Devi and Another Vs. Darmendra Kumar Gupta (2008 (9) SCC 353) stated that while considering request for transfer Tr.P(C).No.347 of 2010 : 2 : in matrimonial proceedings convenience of the wife has to be looked into. The facts presented before me show that petitioner has to look after her child of tender age and if the case is transferred to Family Court, Alappuzha it could be posted in the camp sitting at Mavelikara which is closer to her residence. Respondent belongs to Kuttoor near Thiruvalla. If the case is called in the camp court at Mavelikara it may not put respondent to that much inconvenience. Having regard to the circumstances stated by learned counsel I am persuaded to think that comparative hardship of petitioner if the case continued to be at Thiruvalla is more than the inconvenience that respondent may be put to if the said case is transferred to Family Court, Alappuzha. In these circumstances, I am inclined to allow this petition. Resultantly this petition is allowed in the following lines: (i) O.P.No.880 of 2010 pending in Family Court, Thiruvalla is withdrawn from that court and made over to Family Court, Alappuzha. (ii) The transferor court shall transmit records of the case to the transferee court with due intimation to counsel on both sides as to the date of appearance in transferee court. Tr.P(C).No.347 of 2010 : 3 : (iii) It is open to the petitioner to request Family Court, Alappuzha to post the cases in the camp sitting at Mavelikara. (iii) It is made clear that except when his personal presence is required, respondent can appear in the transferee court through counsel. (THOMAS P JOSEPH, JUDGE) Sbna/-