IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933 Tr.P(C).No. 83 of 2011() ------------------------ OP.130/2011 of FAMILY COURT,KOZHIKODE .................... PETITIONER : --------------------- SUMIN.B.SEEGAL, D/O.BERNAD J.THOMSON, AGED 25 YEARS,16/468,CHIRAKKAD,KUNNATHURMEDU.P.O, PALAKKAD. BY ADV. SRI.BINOY VASUDEVAN SMT.P.G.BABITHA RESPONDENT(S): --------------- RAYMON JOSEPH,S/O.BENCHAMIN, AGED 30 YEARS,'PUTHUMA' HOUSE, NEAR MATHRUBANDHU SCHOOL,KAKKODI.P.O,KOZHIKODE-673001. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------- Tr.P.(C).No.83 of 2011 --------------------------------------- Dated this the 6th day of April, 2011 O R D E R Though the respondent was served with notice, there is no appearance. 2. The marriage between the petitioner and the respondent took place on 1.9.2007 at Kozhikode. Two children were born in that wedlock. The second child is only less than six months of age. 3. The petitioner (wife) filed O.P.No.52 of 2011 before the Family Court, Palakkad against the respondent for divorce. It is stated that after receiving notice in that case, the respondent filed O.P.No.130 of 2011 before the Family Court, Kozhikode against the petitioner for restitution of conjugal rights. The prayer in the Transfer Tr.P.(C) No.83/2011 2 Petition is to transfer O.P.No.130 of 2011 from the Family Court, Kozhikode to the Family Court, Palakkad. It is stated that the petitioner does not have any job. Her parents are aged persons and they are not in a position to accompany her to the Family Court, Kozhikode. It is stated that if the petitioner is compelled to appear before the Family Court, Kozhikode, she would be put to irreparable injury and great hardship. 4. The Supreme Court in Sumita Singh vs. Kumar Sanjay and another (2001 (10) SCC 41), Rajwinder Kaur vs. Balwinder Singh (2003(11) SCC 726) and Mangla Patil Kale vs. Sanjeev Kumar Kale (2003(10) SCC 280) held that the inconvenience caused to the wife, if no transfer is made, should be taken note of. In the facts and circumstances of the case, the Transfer Petition is allowed. O.P.No.130 of 2011 on the file of the Tr.P.(C) No.83/2011 3 Family Court, Kozhikode shall stand transferred to the Family Court, Palakkad where O.P.No.52 of 2011 is pending. The Family Court, Kozhikode shall transmit the records of the case to the Family Court, Palakkad. K.T.SANKARAN JUDGE csl