IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 Tr.P(C).No. 385 of 2010() ------------------------------ OP.290/2009 of FAMILY COURT, ALAPPUZHA .................... PETITIONER --------------- SOPHIA, AGED 34 YEARS, D/O.JOHN, KOSI NIVAS, PUTHEN THARAYIL, MISSION KUNNEL, VAITHIRI P.O., WAYANAD. BY ADVS. SRI.AUGUSTINE JOSEPH SRI.K.S.ROCKEY RESPONDENT(S): -------------------- BERNAD, AGED 36 YEARS, S/O.VARGHESE, KULANGARA, AVALOOKUNNU P.O., ALAPPUZHA - 688 006. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.BHAVADASAN, J. ------------------------------------- Tr.P(C) No.385 of 2010 ------------------------------------- Dated this the 23rd day of March 2011 Judgment The petitioner seeks transfer of OP No.290/09 pending before the Family Court, Alappuzha to Family Court, Kalpetta. 2. The marriage between the petitioner and the respondent was solemnized on 09.07.1997 at Mount Carmel Cathedral Church, Alappuzha. Various allegations are made in the petition which are not very relevant except to say that the parties fell apart and that ultimately resulted in the filing of OP No.290/09 by the respondent before the Family Court, Alappuzha seeking a decree for dissolution of the marriage. The petitioner submits that her child is studying in a school in Wayanad. She also submits that her mother is bedridden and there is no other person to look after her. So, it is extremely difficult for her to travel to Alappuzha, which is 350 kms away from her place of residence. She, therefore, prays for a direction to transfer Tr.PC 385/10 2 OP No.290/09 filed by the respondent before the Family Court, Alappuzha to Family Court, Kalpetta. 3. Though notice was served on the respondent, there is no appearance on his behalf. On going through the averments in the petition and after hearing the learned counsel for the petitioner and also in the light of the fact that no objection has been filed by the respondent against transfer of the case to Kalpetta, there is no reason why the petition cannot be allowed. Moreover, the grievance raised by the petitioner appear to be genuine. In the result, this petition is allowed and the Family Court, Alappuzha is directed to transfer OP No.290/09 pending before it to the Family Court, Kalpetta as expeditiously as possible. P.Bhavadasan, Judge sta Tr.PC 385/10 3 Tr.PC 385/10 4