IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 Tr.P(C).No. 237 of 2011() ---------------------------------- OP.317/2011 of FAMILY COURT, ALAPPUZHA .................... PETITIONER/RESPONDENT ----------------------------------------- MEERA SUBHASH, AGED 31 YEARS, W/O.SUBHASH UTHAMAN, NOW RESIDING AT PARUTHIKKATTIL HOUSE, ANJILITHANAM P.O., KAVIYOOR VIA., ANJILITHANAM MURI, KUNNAMTHANAM VILLAGE, MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.P.HARIDAS SMT.S.SIKKY RESPONDENT(S): PETITIONER --------------------------------------------- SUBHASH UTHAMAN, AGED 36 YEARS, S/O.UTHAMAN VELAYUDHAN, SOUMYA HOUSE, PERINGALA P.O., KAYAMKULAM, ALAPPUZHA DISTRICT. 689 505. ADV. SRI.K.B.ARUNKUMAR THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss TPC. 237/2011 APPENDIX PETITIONER'S ANNEXURES A1:- COPY OF THE OP.828/2009 OF FAMILY COURT,THIRUVALLA DTD. OCTOBER 2009 FILED BY PETITIONER. A2:- COPY OF THE PETITION IN OP. 317/2011 UNDER SECTION 13 (10 OF HINDU MARRIAGE ACT BEFORE FAMILY COURT, ALLEPPEY FILED BY RESPONDENT DTD. 14.3.2011. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.S. TO JUDGE tss THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No.237 of 2011 -------------------------------------- Dated this the 25th day of October, 2011. ORDER This petition is filed by the wife seeking transfer of O.P.No.317 of 2011 from the Family Court, Alappuzha to the Family Court, Thiruvalla. That is a petition filed by the respondent-husband for dissolution of marriage. According to the petitioner, she is aged about 31 years and residing at Anjilithanam, in Pathanamthitta District and that she has to travel the long distance to Alappuzha to contest the case. It is also the contention of the petitioner that respondent is residing at Peringala, in Alappuzha District and hence distance wise, Thiruvalla is nearer to his place of residence than Alappuzha. Learned counsel for petitioner submitted that petitioner had filed O.P.No.828 of 2009 in the Family Court, Thiruvalla for recovery of money, etc. from the respondent and though, that petition was dismissed for default petitioner has filed an application for restoration. 2. Learned counsel for respondent submitted that he has no instruction about the pendency of any application for restoration of O.P.No.828 of 2009. 3. Whether the application for restoration of O.P.No.828 of 2009 is pending before the Family Court, Thiruvalla or not, in this proceeding I am required to decide whether O.P.No.317 of 2011 of the Family Court, Alappuzha is to be transferred to the Family Court, Thiruvalla. Tr.P(C)No.237/2011 2 4. 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. True that does not mean that inconvenience if any of the opposite party need not be considered. 5. Petitioner as aforesaid is staying at Anjilithanam, in Pathanamthitta District which according to her is nearer to Thiruvalla than Alappuzha. Petitioner has also a case that transfer of O.P.No.317 of 2011 to Thiruvalla would not cause inconvenience to the respondent since his place of residence is nearer to Thiruvalla when compared to Alappuzha which statement does not appear to be seriously contested by the respondent also. Having heard counsel on both sides I am inclined to think that convenience of petitioner requires transfer of the case to the Family Court, Thiruvalla. The inconvenience that may be caused to the respondent could be reduced by directing that he need appear in the Family Court, Thiruvalla only when his physical presence is required. I am inclined to allow the request for transfer. Resultantly this petition is allowed as follows: Tr.P(C)No.237/2011 3 (i) O.P.No.317 of 2011 pending in the Family Court, Alappuzha is withdrawn from that court and transferred to the Family Court, Thiruvalla 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) Respondent can appear in the transferee court through counsel except when his physical presence is required. I.A.No.1697 of 2011 will stand dismissed. THOMAS P.JOSEPH, Judge. cks