IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 Tr.P(C).No. 227 of 2011() ------------------------------------ O.P. NO.381/2011 of FAMILY COURT, VADAKARA TO FAMILY COURT, THODUPUZHA. .................... PETITIONER -------------------- BINDU K.P., AGED 38, W/O.PRAKASHAN, KUNNEL HOUSE, IDUKKI COLONY P.O., CHERUTHONY, IDUKKI VILLAGE, THODUPUZHA TALUK. BY ADV. SRI.C.K.VIDYASAGAR, SRI.P.CHANDY JOSEPH. RESPONDENT(S): -------------------------- 1. PRAKASHAN V.K., AGED 43, S/O.KRISHNAN, PUTHENPURACKAL HOUSE, (THEERTHAM HOUSE), THURASSERIMUKKU, MANIYUR, MUTHUVANA P.O., PALAYAD, KOZHIKODU-673 523. 2. KRISHNAN, AGED ABOUT 75, S/O.KANNAN, PUTHENPURACKAL HOUSE, (THEERTHAM HOUSE), THURASSERIMUKKU, MANIYUR, MUTHUVANA P.O., PALAYAD, KOZHIKODU-673 523. BY THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Tr.P(C).No. 227 of 2011() APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A1: COPY OF THE O.P. NO. 228/2011 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, THODUPUZHA. ANNEXURE A2: COPY OF THE O.P. NO. 381/2011 FILED BY THE 1ST RESPONDENT BEFORE THE FAMILY COURT, VADAKARA. ANNEXURE A3: COPY OF THE MATRIMONIAL ADVERTISEMENT IN MATHRUBHOOMI DAILY DATED 16/05/2010. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE rs THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No.227 of 2011 -------------------------------------- Dated this the 27th day of October, 2011. ORDER Respondents are served but there is no response. 2. This petition is filed by the wife seeking transfer of O.P.No.381 of 2011 from the Family Court, Vadakara to the Family Court,Thodupuzha. That is a petition filed by the 1st respondent-husband seeking divorce. Petitioner has filed O.P.No.228 of 2011 in the Family Court,Thodupuzha against the respondents for recovery of gold ornaments and other reliefs. Petitioner states that she is a resident of Cheruthony, in Idukki Village, has to travel more than 300 kms. to Vadakara to contest the case and that she has a ten year old child to be looked after. Learned counsel submits that petitioner is employed in the District Co-operative Bank at Vazhathoppu, in Idukki Village and that in the above circumstances and particularly as O.P.No.228 of 2011 is pending in the Family Court, Thodupuzha the request for transfer may be allowed. 3. The Supreme Court in Sumitha Singh v. Kumar Sanjay and another (AIR 2002 SC 396) and Arti Rani v. Dharmendra Kumar Gupta [(2008) 9 SCC 353] has held that while considering the request for transfer of matrimonial proceedings convenience of the wife has to be looked into. Since petitioner, aged about 38 years is residing at Cheruthony Tr.P(C)No.227/2011 2 and is working in the District Co-operative Bank, Vazhathoppu both in Idukki Village, she has to travel more than 300 kms. to reach Vadakara, she may have to take leave from her place of employment to attend the court at Vadakara and since O.P.No.228 of 2011 is pending in the Family Court, Thodupuzha, it is appropriate that O.P.No.381 of 2011 also is transferred to the Family Court, Thodupuzha. The comparative hardship is more on petitioner if the request for transfer is not allowed. The inconvenience that may be caused to the respondents could be reduced by directing that except when their physical presence is required, they can appear in the transferee court through counsel. I am inclined to allow the request for transfer. Resultantly this petition is allowed as follows: (i) O.P.No.381 of 2011 pending in the Family Court, Vadakara is withdrawn from that court and transferred to the Family Court, Thodupuzha for trial and disposal. (ii) The transferor court while transmitting records of the case to the transferee court shall fix the date for appearance of parties in the transferee court with due intimation to the counsel for both parties. (iii) The transferee court shall post the cases - O.P.No.381 of 2011 (being transferred to that court) and O.P.No.228 of 2011 (pending in that Tr.P(C)No.227/2011 3 court) as far as possible on the same dates. (iv) Respondents can appear in the transferee court through counsel except when their physical presence is required. I.A.No.1660 of 2011 will stand dismissed. THOMAS P.JOSEPH, Judge. cks