IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 TR.P(C).NO. 206 OF 2011() -------------------------------------- TO OP.171/2011 OF FAMILY COURT,THRISSUR TO FAMILY COURT, ALAPPUZHA PETITIONER:: -------------------- ASHA, AGED 35 YEARS, D/O.LATE PADMANABHA PILLAI, VALIYA PARAMBIL HOUSE, AROOR P.O., CHERTHALA VIA, ALAPPUZHA DISTRICT. BY ADV. SRI.P.K.ANIL RESPONDENT(S): -------------------------- SURESH KUMAR, AGED 41 YEARS, S/O.MANARAYAN, KOZHIKKOOT HOUSE, ANNAKARA P.O., CHAVAKKAD TALUK, THRISSUR DISTRICT-680 001. ADV. SRI.K.B.MOHANDAS FOR R1 SRI.LELLULAL T.G.THUNDATHIL FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: TR.P(C) NO.206 OF 2011 APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- ANNEXURE I TRUE COPY OF THE PETITION O.P. NO.171 OF 2011 OF FAMILY COURT, THRISSUR. RESPONDENT'S EXHIBITS: ----------------------------------- NIL TRUE COPY P.S. TO JUDGE THOMAS P.JOSEPH, J. ==================================== Tr.P(C) No.206 of 2011 ==================================== Dated this the 26th day of July, 2011 O R D E R Respondent though served, there is no response. 2. This petition is for transfer of O.P. No.171 of 2011 From Family Court, Thrissur to Family Court, Alappuzha. That is a petition filed by the respondent-husband for restitution of conjugal rights. Petitioner-wife is aged 35 years residing at Aroor, near Cherthala, she is depending on her aged parents of whom the mother is a pensioner. It is also submitted that petitioner is scared of going to Thrissur to appear in Family Court, Thrissur where respondent has filed the above said Original Petition. Further contention of petitioner is that her children are studying at Aroor and she finds it difficult to travel all the distance from Aroor to Thrissur to contest the case. Respondent is aged about 41 years and is residing at Annakkara, in Chavakkad Taluk. 3. The Supreme Court in Sumitha Singh v. Kumar Sanjay and another (AIR 2002 SC 396) and Arti Rani v. Dharmendra Kuma r Gupta ([2008] 9 SCC 353) has stated that while considering request for transfer of matrimonial proceedings convenience of the wife has to be looked into. That of course Tr.P(C) No.206 of 2011 -: 2 :- does not mean that inconvenience of the husband has to be ignored. Petitioner-wife is aged 35 years and she finds it difficult to travel all the distance from her place of residence to Family Court, Thrissur to contest the case. She may have to be accompanied by somebody which involves expense. The inconvenience if any caused to the respondent can be reduced by permitting him to appear in the transferee court through counsel except when physical presence is required. Having regard to the circumstances stated I am inclined to think that hardship is comparatively more on petitioner if request for transfer is not allowed. Hence I am inclined to allow this petition. Resultantly, petition is allowed in the following lines: (i) O.P. No.171 of 2011 pending in Family Court, Thrissur is withdrawn from that court and transferred to Family Court, Alappuzha for trial and disposal. (ii) The transferor court while transmitting records of the case to the transferee court shall fix date for appearance of parties in the transferee Tr.P(C) No.206 of 2011 -: 3 :- court with due intimation to the counsel for both parties. (iii) It is made clear that except when physical presence of respondent in the transferee court is necessary, he can appear through counsel. THOMAS P. JOSEPH, JUDGE. vsv