IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933 Tr.P(C).No. 296 of 2010() ------------------------- OP.158/2010 PENDING BEFORE THE FAMILY COURT, KOTTARAKKARA .................... PETITIONER (S): -------------------- SUJA BABU, AGED 22 YEARS, D/O.BABU, RESIDING AT MUNDACKAL HOUSE, NIRATHUPARA P.O., KOODAL VILLAGE, KONNY, PATHANAMTHITTA DISTRICT. BY ADV. SRI. K.SHAJ SRI.K.N.RADHAKRISHNAN(THIRUVALLA) SRI.SAJJU.S RESPONDENT(S): --------------- SOJU MATHEW, AGED 33 YEARS, S/O.MATHEW IPE RESIDING AT MALLEL HOUSE PUTHUVAL P.O., ENATHIMANGALAM VILLAGE, PATHANAMTHITTA DISTRICT. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------- Tr.P.(C).No.296 of 2010 --------------------------------------- Dated this the 13th day of June, 2011 O R D E R The prayer in this Transfer Petition is to transfer O.P.No.158 of 2010 pending before the Family Court, Kottarakkara to the Family Court, Thiruvalla where O.P.No.593 of 2010 and M.C.No.71 of 2010 are pending. 2. The petitioner is the wife of the respondent. She filed O.P.No.593 of 2010 before the Family Court, Thiruvalla for recovery of money and gold ornaments from the respondent. She also filed M.C.No.71 of 2010 before the Family Court, Thiruvalla against the respondent for maintenance. The respondent filed O.P.No.158 of 2010 before the Family Court, Kottarakkara for declaring the marriage between the parties as null and void. All the three cases are pending. The petitioner and the respondent belong to Pathanamthitta District and they belong to places within the jurisdiction of the Family Court, Thiruvalla. It is Tr.P.C.No.296/2010 2 submitted that the petitioner is not in a position to attend the Family Court, Kottarakkara after travelling a long distance. Though the respondent was served with notice, there is no appearance for him. 3. 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, the Transfer Petition is allowed. O.P.No.158 of 2010 pending before the Family Court, Kottarakkara is transferred to the Family Court, Thiruvalla. The Family Court, Kottarakkara shall transmit the records of the case to the Family Court, Thiruvalla. K.T.SANKARAN JUDGE csl