IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 Tr.P(C).No. 173 of 2010() ------------------------- OP.393/2010 of FAMILY COURT, KANNUR .................... PETITIONER: ------------------------------ NAVEENA S.NAIR, AGED 38 D/O.SUDHAKARAN NAIR, PATHUPALLI HOUSE, KARIKODE, MULANTHURUTHY P.O., ERNAKULAM. BY ADV. SRI.T.N.HAREENDRAN SRI.T.H. ARUN KUMAR RESPONDENT: --------------- SOMAN NAIR P.P., AGED 50, PARIPPALLIKUNNEL, ALAKODE AMSOM, ARANGOME DESOM, (P.O) ALAKODE, THALIPARAMBA TALUK, KANNUR DIST. ADV. SRI.U.BALAGANGADHARAN FOR R1 SRI.G.GIREESH FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Tr.P.(C).No. 173 of 2010 --------------------------------------- Dated this 14th day of July, 2010 ORDER This petition is filed by the wife for transfer of O.P.No.393 of 2010 from Family Court, Kannur to Family Court, Ernakulam. It is stated that petitioner/wife is a resident of Mulanthuruthy in Ernakulam District and has undergone two operations for her ear in the year 1996 and 2006. It is also stated that her house is situated away from Ernakulam railway station and that from that railway station it takes about 7hrs journey by train to reach Kannur. In the circumstances she requested for transfer of the case as aforesaid. 2. Petition is opposed by respondent/husband who is a resident of Alakode in Thaliparamba taluk, in Kannur District. It is contended that the children are in the care and custody of respondent and that respondent cannot leave the children alone at his residence and go to Ernakulam to contest the case. Learned counsel for respondent contends that considering the comparative hardships of respondent if at all the case is to be transferred it may be to Family Court, Kozhikode. Learned counsel for petitioner states that if the case continued at Kannur Tr.P.C.No.173 of 2010 : 2 : or Kozhikode, that will cause much inconvenience to the petitioner since she is staying with her parents aged 69 and 61 years and there is nobody to accompany her to Kannur or Kozhikode where it is suggested to be transferred by the respondent. 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) has stated that while considering request for transfer in matrimonial proceedings convenience of the wife has to be looked into. It is true, that did not mean that inconvenience of the husband need not be looked into. Here petitioner is residing at Mulanthuruthy which is away from Ernakulam railway station and it is a fact that it will take about 7 hrs to reach Kannur by train. To Kozhikode the traveling time is around 5 hrs. Her parents are aged and she has undergone two ear operations. On the other hand respondent is aged about 50 years and according to the learned counsel he has got an employment at Collectorate, Kannur. Having regard to the facts and circumstances of the case I am inclined to think that inconvenience of petitioner to reach Kannur or Kozhikode Tr.P.C.No.173 of 2010 : 3 : outweighs inconvenience respondent would suffer if the case is transferred to Ernakulam. In the circumstances I am inclined to think that circumstances warranted that the case is transferred to Family Court, Ernakulam. Resultantly this petition is allowed in the following lines: 1. O.P.No.393 of 2010 pending in Family Court, Kannur is withdrawn from that court and made over to Family Court, Ernakulam. 2. The transferor court shall transmit records of the case to the transferee court with due intimation to the counsel on both sides as to the date of appearance in the transferee court. 3. It is made clear that except when physical presence of respondent is necessary it will be open to him to appear through counsel in the transferee court. 4. Transferee court is directed to expedite the trial and disposal of the case. (THOMAS P JOSEPH, JUDGE) Sbna/-